Agriculture Code
CHAPTER 203. BRUSH CONTROL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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) "Critical area" means an area of critical need
designated by the board under the plan for the brush control
program.
Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,
1985.
Sec. 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, Sec. 1, eff. Aug. 26,
1985.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 203.011. Authority of Board.
The board has jurisdiction over and shall administer the brush
control program under this chapter.
Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,
1985.
Sec. 203.012. Rules.
The board shall adopt reasonable rules that are necessary to
carry out this chapter.
Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,
1985.
Sec. 203.013. Authority of Districts.
Each district in which all or part of a critical area is
located may carry out the responsibilities provided by Subchapter
D of this code as delegated by the board in that critical area.
Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,
1985.
Sec. 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, Sec. 1, eff. Aug. 26,
1985.
Sec. 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, Sec. 1, eff. Aug. 26,
1985.
Sec. 203.016. Consultation.
The board shall consult 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, Sec. 1, eff. Aug. 26,
1985.
SUBCHAPTER C. GENERAL POWERS AND DUTIES OF BOARD
Sec. 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 areas
of the state where brush is contributing to a substantial water
conservation problem; and
(2) designate areas of critical need in the state in which to
implement the brush control program.
Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,
1985.
Sec. 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 include the date and
place for holding the hearing and must state the purpose for
holding the hearing.
(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.
(d) After the conclusion of the hearing, the board shall
consider the testimony including the information and suggestions
made at the hearing 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, Sec. 1, eff. Aug. 26,
1985.
Sec. 203.053. Criteria for Designating Critical Areas.
(a) In designating critical areas under the plan, the board
shall consider:
(1) the location of various brush infestations;
(2) the type and severity of various brush infestations;
(3) the various management methods that may be used to
control brush; and
(4) 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 designating critical 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, Sec. 1, eff. Aug. 26,
1985.
Sec. 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, Sec. 1, eff. Aug. 26,
1985.
Sec. 203.055. Approved Methods for Brush Control.
(a) The board shall study and must approve all methods used to
control brush under this Act considering the overall impact the
project will have within critical areas.
(b) The board may approve a method for use under the
cost-sharing program provided by Subchapter E of this chapter 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 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 livestock and
wildlife.
Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,
1985.
Sec. 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, Sec. 1, eff. Aug. 26,
1985.
SUBCHAPTER D. POWERS AND DUTIES OF DISTRICTS
Sec. 203.101. General Authority.
Each district may administer the aspects of the brush control
program within any critical area located within the jurisdiction
of that district.
Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,
1985.
Sec. 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, Sec. 1, eff. Aug. 26,
1985.
Sec. 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, Sec. 1, eff. Aug. 26,
1985.
Sec. 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, Sec. 1, eff. Aug. 26,
1985.
SUBCHAPTER E. COST SHARING FOR BRUSH CONTROL
Sec. 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, Sec. 1, eff. Aug. 26,
1985.
Sec. 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, Sec. 1, eff. Aug. 26,
1985.
Sec. 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, Sec. 1, eff. Aug. 26,
1985.
Sec. 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) of this
section 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;
and
(2) lessen the state's financial commitment to the project.
Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,
1985.
Sec. 203.155. Limit to Critical Areas and Approved Methods.
Cost sharing under this subchapter is available only for
projects that:
(1) are implemented in critical areas as designated by the
board; and
(2) use a method of brush control approved under Section
203.055 of this code.
Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,
1985.
Sec. 203.156. Application for Cost Sharing.
A person who 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, Sec. 1, eff. Aug. 26,
1985.
Sec. 203.157. Considerations in Passing on Application.
In passing on an application for cost sharing, the board shall
consider:
(1) whether the project is to be carried out in a critical
area;
(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 of the Parks and
Wildlife Department; and
(9) any other pertinent information considered necessary by
the board.
Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,
1985.
Sec. 203.158. Approval of Application.
The board may approve an application if, after considering the
factors listed in Section 203.157 of this code 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 of this code; and
(3) the project is to be carried out in a critical area
designated under the board's plan.
Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,
1985.
Sec. 203.159. Priority of Projects.
(a) If the demand for funds under the cost-sharing program is
greater than funds available, the board may 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.
(c) The amount of land dedicated to the project that will
produce significant water conservation from the eradication of
brush is a priority.
Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,
1985.
Sec. 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, Sec. 1, eff. Aug. 26,
1985.
Sec. 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, Sec. 1, eff. Aug. 26,
1985