2005 Texas Agriculture Code CHAPTER 203. BRUSH CONTROL

AGRICULTURE CODE

CHAPTER 203. BRUSH CONTROL

SUBCHAPTER A. GENERAL PROVISIONS


	§ 203.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Board" means the State Soil and Water 
Conservation Board.             
		(2)  "District" means a soil and water conservation 
district created under Chapter 201 of this code.
		(3)  "District board" means the board of directors of a 
soil and water conservation district created under Chapter 201 of 
this code.
		(4)  "Brush control" means:                                                   
			(A)  the selective control, removal, or reduction 
of noxious brush such as mesquite, prickly pear, salt cedar, or 
other phreatophytes that consume water to a degree that is 
detrimental to water conservation;  and
			(B)  the revegetation of land on which this brush 
has been controlled.     
	(5)  Repealed by Acts 2003, 78th Leg., ch. 200, § 13(o) 
and Acts 2003, 78th Leg., ch. 983, § 12(a).

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 2003, 78th Leg., ch. 200, § 13(o), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 12(a), eff. Sept. 1, 
2003.


	§ 203.002. CREATION OF PROGRAM.  The Texas Brush Control 
Program is created and shall be implemented, administered, 
operated, and financed as provided by this chapter.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.           

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS


	§ 203.011. AUTHORITY OF BOARD.  The board has 
jurisdiction over and, with the assistance of local districts, 
shall administer the brush control program under this chapter.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 2003, 78th Leg., ch. 200, § 13(e), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 6, eff. Sept. 1, 2003.


	§ 203.012. RULES.  The board, after consulting with local 
districts, shall adopt reasonable rules that are necessary to carry 
out this chapter.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 2003, 78th Leg., ch. 200, § 13(e), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 6, eff. Sept. 1, 2003.


	§ 203.013. AUTHORITY OF DISTRICTS.  Each district may 
carry out the responsibilities provided by Subchapter D  as 
delegated by the board.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 2003, 78th Leg., ch. 200, § 13(e), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 6, eff. Sept. 1, 2003.


	§ 203.014. PERSONNEL.  The board may employ or contract 
with any person necessary to assist the board or a district to carry 
out this chapter.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.           


	§ 203.015. EXPENDITURES.  In addition to any other 
expenditures authorized by this subchapter, the board may make 
expenditures provided by the General Appropriations Act.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.           


	§ 203.016. CONSULTATION.  The State Soil and Water 
Conservation Board shall consult with:
		(1)  the Texas Water Development Board in regard to the 
effects of the brush control program on water quantity;
		(2)  the department in regard to the effects of the 
brush control program on agriculture;  and
		(3)  the Parks and Wildlife Department in regard to the 
effects of the brush control program on fish and wildlife.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 2003, 78th Leg., ch. 200, § 13(f), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 6, eff. Sept. 1, 2003.

SUBCHAPTER C. GENERAL POWERS AND DUTIES OF BOARD


	§ 203.051. STATE PLAN.  The board shall prepare and adopt 
a state brush control plan that shall:
		(1)  include a comprehensive strategy for managing 
brush in all areas of the state where brush is contributing to a 
substantial water conservation problem;  and
		(2)  rank areas of the state in need of a brush control 
program, as provided by Section 203.053.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 2003, 78th Leg., ch. 200, § 13(g), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 6, eff. Sept. 1, 2003.


	§ 203.052. NOTICE AND HEARING.  (a) Before the board 
adopts the plan under Section 203.051 of this code, the board shall 
call and hold a hearing to consider a proposed plan.
	(b)  Not less than 30 days before the date the hearing is to 
be held, the board shall mail written notice of the hearing to each 
district in the state.  The notice must:
		(1)  include the date and place for holding the 
hearing;                    
		(2)  state the purpose for holding the hearing;  and                          
		(3)  include instructions for each district to submit 
written comments on the proposed plan.

Text of subsection (c) as amended by Acts 2003, 78th Leg., ch. 200, 
§ 13(h)
	(c)  At the hearing, representatives of a district and any 
other person may appear and present testimony including information 
and suggestions for any changes in the proposed plan.  The board 
shall:
		(1)  enter any written comments received on the 
proposed plan into the record of the hearing;  and
		(2)  consider all written comments and testimony before 
taking final action on the proposed plan.

Text of subsection (c) as amended by Acts 2003, 78th Leg., ch. 983, 
§ 7
	(c)  At the hearing, representatives of a district and any 
other person may appear and present testimony including information 
and suggestions for any changes in the proposed plan.  The 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.
	(d)  After the conclusion of the hearing, the 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 board 
shall adopt the plan.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 2003, 78th Leg., ch. 200, § 13(h), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 7, eff. Sept. 1, 2003.


	§ 203.053. CRITERIA FOR EVALUATING BRUSH CONTROL 
AREAS.  (a) In ranking areas under the plan, the board shall 
consider:
		(1)  the location of various brush infestations;                              
		(2)  the type and severity of brush infestations;                             
		(3)  the various management methods that may be used to 
control brush;      
		(4)  the amount of water produced by a project and the 
severity of water shortage in the project area;  and
		(5)  any other criteria that the board considers 
relevant to assure that the brush control program can be most 
effectively, efficiently, and economically implemented.
	(b)  In ranking areas, the board shall give priority to areas 
with the most critical water conservation needs and in which brush 
control and revegetation projects will be most likely to produce 
substantial water conservation.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 2003, 78th Leg., ch. 200, § 13(i), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 8, eff. Sept. 1, 2003.


	§ 203.054. AMENDING PLAN.  At least every two years the 
board shall review and may amend the plan to take into consideration 
changed conditions.  Amendments to the plan shall be made in the 
manner provided by this chapter for adopting the original plan.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.           


	§ 203.055. APPROVED METHODS FOR BRUSH CONTROL.  (a) The 
board shall study and must approve all methods used to control brush 
under this chapter considering the overall impact of the project.
	(b)  The board may approve a method for use under the 
cost-sharing program provided by Subchapter E  if the board finds 
that the proposed method:
		(1)  has proven to be an effective and efficient method 
for controlling brush;
		(2)  is cost efficient;                                                       
		(3)  will have a beneficial impact on the development 
of water sources and wildlife habitat;
		(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.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 2003, 78th Leg., ch. 200, § 13(j), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 8, eff. Sept. 1, 2003.


	§ 203.056. REPORT.  (a) Before January 31 of each year, 
the board shall submit to the governor, the speaker of the house, 
and the lieutenant governor a report of the activities of the brush 
control program during the immediately preceding calendar year.
	(b)  The board may make copies of this report available on 
request to any person and may charge a fee for each report that will 
allow the board to recover its costs for printing and distribution.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.           

SUBCHAPTER D. POWERS AND DUTIES OF DISTRICTS


	§ 203.101. GENERAL AUTHORITY.  Each district may 
administer the aspects of the brush control program within the 
jurisdiction of that district.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 2003, 78th Leg., ch. 200, § 13(k), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 8, eff. Sept. 1, 2003.


	§ 203.102. PROVIDE INFORMATION RELATING TO PROGRAM.  The 
board shall prepare and distribute information to each district 
relating generally to the brush control program and concerning the 
procedures for preparing, filing, and obtaining approval of an 
application for cost sharing under Subchapter E of this chapter.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.           


	§ 203.103. ACCEPTANCE AND COMMENT ON APPLICATION.  (a) 
Each district may accept for transmission to the board applications 
for cost sharing under Subchapter E of this chapter  and may examine 
and assist the applicant in assembling the application in proper 
form before the application is submitted to the board.
	(b)  Before a district submits an application to the board, 
it shall examine the application to assure that it complies with 
rules of the board and that it includes all information and exhibits 
necessary for the board to pass on the application.
	(c)  At the time that the district examines the application, 
it shall prepare comments and recommendations relating to the 
application and the district board may provide comments and 
recommendations before they are submitted to the board.
	(d)  After reviewing the application, the district board 
shall submit to the board the application and the comments and 
recommendations.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.           


	§ 203.104. SUPERVISION OF PROJECTS.  (a) Each district on 
behalf of the board may inspect and supervise projects within its 
jurisdiction in which state money is provided under Subchapter E of 
this chapter.
	(b)  Each district board exercising the duties under 
Subsection (a) of this section shall periodically report to the 
board relating to this inspection and supervision in the manner 
provided by board rules.
	(c)  The board may direct a district to manage any problem 
that arises under a cost-sharing contract for brush control in that 
district and to report to the board.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.           

SUBCHAPTER E. COST SHARING FOR BRUSH CONTROL


	§ 203.151. CREATION OF COST-SHARING PROGRAM.  As part of 
the brush control program, a cost-sharing program is created to be 
administered under this chapter and rules adopted by the board.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.           


	§ 203.152. BRUSH CONTROL FUND.  (a) The brush control 
fund is a special fund created in the State Treasury to be used as 
provided by this subchapter.
	(b)  The brush control fund consists of legislative 
appropriations, money transferred to that fund from other funds by 
law, and other money required by law to be deposited in the brush 
control fund.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.           


	§ 203.153. USE OF MONEY IN BRUSH CONTROL FUND.  Money 
deposited to the credit of the brush control fund shall be used by 
the board to provide the state's share of the cost of brush control 
projects approved under this subchapter and other necessary 
expenditures as provided by the General Appropriations Act.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.           


	§ 203.154. LIMIT ON COST-SHARING PARTICIPATION.  (a) Not 
more than 70 percent of the total cost of a single brush control 
project may be made available as the state's share in cost sharing.
	(b)  A person is not eligible to participate in the state 
brush control program or to receive money from the state brush 
control program if the person is simultaneously receiving any 
cost-share money for brush control on the same acreage from a 
federal government program.
	(c)  The board may grant an exception to Subsection (b) if 
the board finds that joint participation of the state brush control 
program and any federal brush control program will:
		(1)  enhance the efficiency and effectiveness of a 
project;                 
		(2)  lessen the state's financial commitment to the 
project;  and           
		(3)  not exceed 80 percent of the total cost of the 
project.                
	(d)  A political subdivision of this state is eligible for 
cost sharing under the brush control program, provided that the 
state's share may not exceed 50 percent of the total cost of a 
single project.
	(e)  Notwithstanding any other provision of this section, 
100 percent of the total cost of a single project on public lands 
may be made available as the state's share in cost sharing.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 1999, 76th Leg., ch. 1386, § 1, eff. Sept. 1, 
1999;  Acts 2003, 78th Leg., ch. 200, § 13(l), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 9, eff. Sept. 1, 2003.


	§ 203.156. APPLICATION FOR COST SHARING.  A person, 
including a political subdivision of this state, that desires to 
participate with the state in a brush control project and to obtain 
cost-sharing participation by the state shall file an application 
with the district board in the district in which the land on which 
the project is to be accomplished is located.  The application must 
be in the form provided by board rules.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 2003, 78th Leg., ch. 200, § 13(m), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 10, eff. Sept. 1, 2003.


	§ 203.157. CONSIDERATIONS IN PASSING ON APPLICATION.  In 
passing on an application for cost sharing, the board shall 
consider:
		(1)  the location of the project;                                             
		(2)  the method of control that is to be used by the 
project applicant;     
		(3)  the plans for revegetation;                                              
		(4)  the total cost of the project;                                           
		(5)  the amount of land to be included in the project;                        
		(6)  whether the applicant for the project is 
financially able to provide his share of the money for the project;
		(7)  the cost-share percentage, if an applicant agrees 
to a higher degree of financial commitment;
		(8)  any comments and recommendations submitted by a 
local district, the department, the Texas Water Development Board, 
or the Parks and Wildlife Department;  and
		(9)  any other pertinent information considered 
necessary by the board.     

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 2003, 78th Leg., ch. 200, § 13(m), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 10, eff. Sept. 1, 2003.


	§ 203.158. APPROVAL OF APPLICATION.  The board may 
approve an application if, after considering the factors listed in 
Section 203.157 and any other relevant factors, the board finds:
		(1)  the owner of the land fully agrees to cooperate in 
the project;        
		(2)  the method of eradication is a method approved by 
the board under Section 203.055;  and
		(3)  the project is a higher priority than other 
projects submitted in accordance with the board's plan.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 2003, 78th Leg., ch. 200, § 13(m), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 10, eff. Sept. 1, 2003.


	§ 203.159. PRIORITY OF PROJECTS.  (a) If the demand for 
funds under the cost-sharing program is greater than funds 
available, the 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.
	(b)  The 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 arrangement.

Text of subsection (c) as amended by Acts 2003, 78th Leg., ch. 200, 
§ 13(n)
	(c)  The board shall consider quantity of stream flows, the 
quantity of groundwater, and the amount of water conservation from 
the eradication of brush each to be a priority.

Text of subsection (c) as amended by Acts 2003, 78th Leg., ch. 983, 
§ 11
	(c)  The quantity of stream flows or groundwater or water 
conservation from the eradication of brush is a consideration in 
assigning priority.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.  
Amended by Acts 2003, 78th Leg., ch. 200, § 13(n), eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 983, § 11, eff. Sept. 1, 2003.


	§ 203.160. CONTRACT FOR COST SHARING.  (a) On approval of 
an application by the board, the board or the governing board of the 
designated district shall negotiate contracts with the successful 
applicants in the project area.
	(b)  The board or designated district board shall negotiate a 
contract with the successful applicant subject to:
		(1)  the conditions established by the board in 
approving the application;  
		(2)  any specified instructions provided by the board;  
and                 
		(3)  board rules.                                                             
	(c)  On completion of the negotiations by the district board, 
it shall submit the proposed contract to the board for approval.
	(d)  The board shall examine the contract and if the board 
finds that the contract meets all the conditions of the board's 
resolution, instructions, and rules, it shall approve the contract 
and provide to the individual on completion of the project the money 
that constitutes the state's share of the project.
	(e)  The board may develop guidelines to allow partial 
payment of the state's share of a brush control project 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.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.           


	§ 203.161. ADMINISTRATION OF EXPENDITURES.  The district 
board may administer expenditure of the state's share of the money 
required by a cost-sharing contract and shall report periodically 
to the board on the expenditure of those funds in the manner 
required by the board.

Added by Acts 1985, 69th Leg., ch. 655, § 1, eff. Aug. 26, 1985.