TX NATURAL RESOURCES CODE

SUBTITLE B. SURVEYS AND SURVEYORS

CHAPTER 34. BOARDS FOR LEASE

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS



§ 34.011. BOARDS FOR LEASE.
     Boards for lease are created to lease land owned by the Texas Parks and Wildlife Department and the Texas Department of Corrections.

Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, § 26, eff. Sept. 1, 1985.

§ 34.012. TITLE OF BOARD.
     The title of each board shall be selected by each board for lease at its first meeting.

Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 34.013. MEMBERS OF BOARD.
     (a) The membership of each board shall include:
          (1) the commissioner;
          (2) one citizen of the state appointed by the governor with the advice and consent of the senate; and
          (3) the president or chairman of the board or agency or head of the department charged with the responsibility of management or control of land owned by or held in trust for the use and benefit of the department, agency, or board.
     (b) The appointed member serves for a term of two years.

Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 34.0131. APPOINTMENTS WITHOUT DISCRIMINATION.
     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. 624, § 27, eff. Sept. 1, 1985.

§ 34.0132. DISQUALIFICATION OF LOBBYISTS.
     A person who is required to register as a lobbyist under Chapter 305 of the 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 serve as a member of the board or act as the general counsel to the board.

Added by Acts 1985, 69th Leg., ch. 624, § 27, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 167, § 2.19(21), eff. Sept. 1, 1987.

§ 34.0133. CONFLICTS OF INTEREST PROHIBITED.
     An officer, employee, or paid consultant of a statewide or national trade association in the oil and gas or mining industry may not be a member or 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 statewide or national trade association in the oil and gas or mining industry be a member of the board or 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. 624, § 27, eff. Sept. 1, 1985.

§ 34.0134. REMOVAL OF BOARD MEMBER.
     (a) It is a ground for removal from the board if a member:
          (1) does not have at the time of appointment the qualifications required by Subsection (a) of Section 34.013 of this code for appointment to the board;
          (2) does not maintain during the service on the board the qualifications required by Subsection (a) of Section 34.013 of this code for appointment to the board;
          (3) violates a prohibition established by Section 34.0132 or 34.0133 of this code;
          (4) is unable to discharge his duties for a substantial portion of the term for which he was appointed because of illness or disability; or
          (5) 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 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 a member of the board existed.
     (c) If the commissioner has knowledge that a potential ground for removal exists, he shall notify the governor that a potential ground for removal exists.

Added by Acts 1985, 69th Leg., ch. 624, § 27, eff. Sept. 1, 1985.

§ 34.0135. POLICIES ON PUBLIC HEARINGS.
     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. 624, § 27, eff. Sept. 1, 1985.

§ 34.014. OFFICERS OF BOARD.
     (a) The commissioner is the chairman of the board.
     (b) Each board shall select a secretary who shall be nominated by the commissioner and approved by a majority of the board.

Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 34.015. QUORUM.
     A majority of a board constitutes a quorum for the transaction of business.

Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 34.016. RECORDS OF BOARD.
     A board shall keep a complete record of all of its proceedings.

Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 34.017. SPECIAL MINERAL FUNDS.
     Special funds are created in the State Treasury to be known as the "(appropriate department, board, or agency) special mineral fund."

Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 34.018. DEPOSIT OF RECEIPTS.
     Amounts received under the provisions of this chapter shall be deposited in the State Treasury to the credit of the appropriate special account, with the exception that all money received under the provisions of this chapter enuring to the benefit of the Parks and Wildlife Department from land held by the department for game and fish conservation, protection, and management purposes shall be deposited in the State Treasury to the credit of the game, fish, and water safety account, and all money received under the provisions of this chapter enuring to the benefit of the Parks and Wildlife Department from park, recreation, and historic land shall be deposited in the State Treasury to the credit of the state parks account.

Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 679, § 62, eff. Sept. 1, 1993.

§ 34.019. EXPENDITURES.
     (a) The expenses of executing the provisions of this chapter shall be paid by warrants drawn by the comptroller on the State Treasury against the income from the special funds accumulated from leases, rentals, royalties, and other payments.
     (b) The amounts received under the provisions of this chapter and deposited to the credit of a special fund shall be used exclusively for the benefit of the appropriate department, board, or agency.
     (c) No money may be spent from the special funds except by legislative appropriation and for the purposes and in the amount stated in the Act appropriating it.

Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 34.0191. FINANCIAL REPORT REQUIRED.
     The board shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the board during the preceding year.

Added by Acts 1985, 69th Leg., ch. 624, § 27, eff. Sept. 1, 1985.

§ 34.0192. 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. 624, § 27, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 584, § 7, eff. Sept. 1, 1989.

§ 34.020. FILING IN GENERAL LAND OFFICE.
     All surveys, files, records, abstracts of title, copies of sale and lease contracts, and all other records pertaining to sales and leases authorized under the provisions of this chapter shall be filed in the land office and constitute archives.

Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, § 1, eff. Sept. 1, 1977.