TX NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

CHAPTER 161. VETERANS LAND BOARD

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS



§ 161.011. VETERANS LAND BOARD DESIGNATED.
     The Veterans Land Board is a state agency designated to perform the governmental functions authorized in Article III, Section 49-b of the Texas Constitution.

Acts 1977, 65th Leg., p. 2655, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 161.0111. SUNSET PROVISION.
     The Veterans' Land Board is subject to review under Chapter 325, Government Code (Texas Sunset Act), but is not abolished under that chapter. The board shall be reviewed during the period in which state agencies abolished in 2007 and every 12th year after 2007 are reviewed.

Added by Acts 1985, 69th Leg., ch. 798, § 2, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 167, § 2.20(42), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 3.08, eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 970, § 2.03, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1169, § 2.10, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1481, § 2.04, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1112, § 2.05, eff. Sept. 1, 2003.

§ 161.013. EXECUTIVE SECRETARY AND ASSISTANT EXECUTIVE SECRETARY.
     (a) The board shall select an executive secretary and
      an assistant executive secretary, each of whom shall be nominated by the commissioner and approved by a majority of the board.
     (b) The executive secretary and assistant executive secretary shall perform all duties required of them by the board.

Acts 1977, 65th Leg., p. 2655, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 161.014. EMPLOYEES.
     (a) The commissioner may employ all other employees that may be necessary for the discharge of the board's duties. The employees may include stenographers, typists, bookkeepers, surveyors, appraisers, and other employees in the number and for the time necessary to perform these duties.
     (b) The employees of the board are considered to be employees of the land office, and civil and criminal laws regulating the conduct and relations of the employees of the land office apply to the employees of the board.

Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 161.015. COMPENSATION AND DUTIES OF EMPLOYEES.
     The employees of the board shall be paid their compensation and shall perform their duties with the same rules and requirements of the general law governing other state employees in those respects.

Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 161.016. FISCAL AGENT.
     (a) The board may designate the comptroller as the fiscal agent for payment of principal of and interest on the bonds.
     (b) The comptroller shall act as fiscal agent without compensation.
     (c) In the alternative, the board may employ a private fiscal agent to perform these services and shall pay him adequate compensation.

Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1997, 75th Leg., ch. 1423, § 14.16, eff. Sept. 1, 1997.

§ 161.017. MEETINGS OF BOARD.
     (a) When necessary, the board shall meet on the first and third Tuesdays of each month in the land office, where its session shall be held and continue until its docket is cleared. The board may recess at its own discretion.
     (b) The chairman of the board may call special meetings of the board at any time he thinks necessary by giving the other members notice.

Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 161.018. MINUTES OF BOARD.
     Minutes of each meeting of the board shall be kept, and only those matters that actually transpire at the meeting shall be entered in the minutes.

Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 161.019. DEPOSITORY FOR PAPERS, RECORDS, AND ARCHIVES.
     Papers, records, and archives of the board shall be
      deposited and kept in the land office.

Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 161.020. PURCHASE OF SUPPLIES.
     The board may purchase at state expense through the board of control supplies, including stationery, stamps, printing, record books, and other things that may be needed to carry on the board's functions as a state agency in performing the duties imposed by this chapter.

Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 161.021. SEAL.
     The board shall procure and adopt a seal bearing the words "Veterans Land Board" encircled by the oak and olive branches common to other official seals.

Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 161.022. CHAPTER APPLICATION TO SUCCESSOR BOARDS.
     The provisions of this chapter shall apply to any successor of the board.

Acts 1977, 65th Leg., p. 2657, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 161.023. CONFLICTS OF INTEREST.
     An officer, employee, or paid consultant of a veterans' association or of a trade association in the field of real estate sales, brokerage, or development may not be an employee of the board, nor may a person who cohabits with or is the spouse of an officer, managerial employee, or paid consultant of a veterans' association or of a trade association in the field of real estate sales, brokerage, or development be an employee of the board grade 17 and over, including exempt employees, according to the position classification schedule under the General Appropriations Act.

Added by Acts 1985, 69th Leg., ch. 798, § 3, eff. Sept. 1, 1985.

§ 161.024. LOBBYIST AS BOARD EMPLOYEE.
     A person who is required to register as a lobbyist under Chapter 305, Government Code, by virtue of his activities for compensation in or on behalf of a profession related to the operation of the board, may not act as the general counsel to the board.

Added by Acts 1985, 69th Leg., ch. 798, § 3, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 167, § 2.19(22), eff. Sept. 1, 1987.

§ 161.025. EQUAL PROTECTION FOR BOARD MEMBERS.
     Appointments to the board shall be made without regard to
      the race, color, handicap, sex, religion, age, or national origin of the appointees.

Added by Acts 1985, 69th Leg., ch. 798, § 3, eff. Sept. 1, 1985.

§ 161.026. REMOVAL OF BOARD MEMBER.
     (a) It is a ground for removal from the board if an appointed member:
          (1) does not have at the time of appointment the qualifications required by Article III, Section 49-b, of the Texas Constitution for appointment to the board;
          (2) does not maintain during the service on the board the qualifications required by Article III, Section 49-b, of the Texas Constitution for appointment to the board;
          (3) is unable to discharge his duties for a substantial portion of the term for which he was appointed because of illness or disability; or
          (4) is absent from more than one-half of the regularly scheduled board meetings which the member is eligible to attend during each calendar year, except when the absence is excused by a majority vote of the board.
     (b) The validity of an action of the board is not affected by the fact that it was taken when a ground for removal of an appointed member of the board existed.
     (c) If the executive secretary has knowledge that a potential ground for removal exists, he shall notify the chairman of the board of such ground. The chairman of the board shall then notify the governor that a potential ground for removal exists.

Added by Acts 1985, 69th Leg., ch. 798, § 3, eff. Sept. 1, 1985.

§ 161.027. ANNUAL ACCOUNTING.
     The board shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by the board during the preceding year. The form of the annual report and the reporting time shall be that provided in the General Appropriations Act. The report shall be included in the reports of the General Land Office.

Added by Acts 1985, 69th Leg., ch. 798, § 3, eff. Sept. 1, 1985.

§ 161.028. CAREER LADDER.
     (a) The executive secretary or his designee shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all nonentry level positions concurrently with any public posting.
     (b) The program and posting requirements of this section apply to the employees of the board and the employees of the land office that support the board.

Added by Acts 1985, 69th Leg., ch. 798, § 3, eff. Sept. 1, 1985.

§ 161.029. PERFORMANCE EVALUATIONS.
     (a) The executive secretary or his designee shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for board employees must be based on the system established under this section.
     (b) The evaluations required by this section apply to the employees of the board and the employees of the land office that support the board.

Added by Acts 1985, 69th Leg., ch. 798, § 3, eff. Sept. 1, 1985.

§ 161.030. AUDIT.
     The financial transactions of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

Added by Acts 1985, 69th Leg., ch. 798, § 3, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 584, § 8, eff. Sept. 1, 1989.

§ 161.031. EQUAL EMPLOYMENT OPPORTUNITY.
     (a) The executive secretary or his or her designee shall prepare and maintain a written plan to assure implementation of a program of equal employment opportunity whereby all personnel transactions are made without regard to race, color, handicap, sex, religion, age, or national origin. The plan shall include:
          (1) a comprehensive analysis which meets federal and state guidelines of all the agency's work force by race, sex, ethnic origin, class of position, and salary or wages;
          (2) plans for recruitment, evaluation, selection, appointment, training, promotion, and other personnel policies;
          (3) procedures by which a determination can be made of significant underutilization in the agency work force of all persons for whom federal and state guidelines encourage a more equitable balance and steps reasonably designed to overcome any identified underutilization; and
          (4) objectives and goals, with appropriate timetables for the achievement of the objectives and goals, assignments of responsibility for their achievement, and an appropriate program for reviewing and maintaining these goals and objectives once achieved.
     (b) The plan shall be filed with the governor's office within 60 days of the effective date of this Act, cover an annual period, and be updated at least annually. The governor's office shall develop a biennial report to the legislature based on the information submitted. Such report may be made separately or as a part of other biennial reports made to the legislature.
     (c) The personnel transactions referred to in Subsection (a) of this section apply to the employees of the board and the employees of the land office that support the board.

Added by Acts 1985, 69th Leg., ch. 798, § 3, eff. Sept. 1, 1985.

§ 161.032. STANDARDS OF CONDUCT.
     (a) The board shall provide to its members and employees as often as is necessary information regarding their qualifications under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
     (b) The employees referred to in Subsection (a) of this section are the employees of the board and the employees of the land office that support the board.

Added by Acts 1985, 69th Leg., ch. 798, § 3, eff. Sept. 1, 1985.

§ 161.033. PUBLIC DEBATE BEFORE BOARD.
     The board shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

Added by Acts 1985, 69th Leg., ch. 798, § 3, eff. Sept. 1, 1985.