Part 1.
GENERAL LAND OFFICE
Chapter 1.
EXECUTIVE ADMINISTRATION
Subchapter G. PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE
31 TAC §§1.90 - 1.97
The General Land Office (GLO) adopts new Subchapter G §§1.90
- 1.97, relating to Procedures for Submitting and Processing Applications
for Approval of Patent in Land Released by The State without changes to the
text as published in the May 3, 2002, edition of the
Texas Register
(27 TexReg 3704) . The adopted new subchapter contains
rules concerning the requirements and the procedures for submitting and processing
applications to the General Land Office for approval by the School Land Board
of a patent in land released by the state pursuant to §11.084 and §11.085
of the Texas Natural Resources Code. There are no changes to the text of the
new rules and they will not be republished at this time. Sections 11.084 and
11.085 were enacted by the 77th Legislature, Regular Session, 2001, to provide
the legislative authorization to settle land title disputes between the state
and a private party, if the proposed constitutional amendment (Proposition
#17) was approved. Proposition #17 was approved by the voters of the state
in the November 2001 election and certified by the Secretary of State on November
30, 2001. The Constitutional Amendment and §11.084 and §11.085 of
the Texas Natural Resources Code were effective January 1, 2002.
This adopted new subchapter contains new §§1.90 - 1.97. The adopted
new sections provide orderly and efficient procedures for the GLO to determine
whether a person applying for a patent releasing 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 Texas Natural Resources
Code.
Section 1.90, relating to Purpose and Scope describes the purpose and scope
of the adopted subchapter.
Section 1.91, relating to Definitions, defines terms used in §11.084
and §11.085 of the Texas Natural Resources to explain the scope and limitations
of the words used in the statute.
Section 1.92, relating to Application Requirements, provide a detailed
explanation of the requirements for applications to be deemed complete by
the General Land Office. The purpose of this section is to assist applicants
in avoiding rejection of incomplete applications. The proposed rule also describes
the documents that must be submitted with an administratively complete application.
Section 1.93, relating to Limitation on Other Dispositions, provides applicants
with a grace period during which the GLO will not seek the School Land Board's
authorization to sell, convey, or otherwise dispose of land described in the
application. The purpose of the rule is to preserve the status quo after a
completed application has been filed claiming title to land that is currently
vested in the state of Texas.
Section 1.94, relating to Processing of Applications, sets forth the standards
by which the GLO reviews applications to determine whether the claimant substantially
meets the criteria for issuance of a patent under §11.084 of the Texas
Natural Resources Code. The section also sets forth the standards for the
General Land Office's decision to submit an application to the School Land
Board or to recommend that the Commissioner reject the application.
Section 1.95, relating to Patent Issuing Requirements, provides procedures
for releasing all or part of the state's interest in land where the School
Land Board has approved a patent. The adopted new rule explains to whom a
patent may be issued. It also describes the mineral rights reservation language
that will appear on patents issued under §11.084 and §11.085 of
the Texas Natural Resources Code.
Section 1.96, relating to Nonapplicability, describes which state lands
do not fall under §11.084 of the Texas Natural Resources Code.
Section 1.97, relating to Non-Use, states that §11.084 of the Texas
Natural Resources Code may not be used to resolve boundary disputes or change
the mineral reservation in an existing patent.
No comments were received regarding the adopted new subchapter and new
rules.
The new subchapter and new rules are adopted under §11.084
and §11.085 of the Texas Natural Resources Code which provides the GLO
with authorization to promulgate rules regarding land title disputes between
the state and a private party.
Section 11.084 and §11.085 of the Texas Natural Resources Code are
affected by these rulemaking actions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 10, 2002.
TRD-200203615
Larry Soward
Chief Clerk
General Land Office
Effective date: June 30, 2002
Proposal publication date: May 3, 2002
For further information, please call: (512) 305-9129
Subchapter C. SERVICE AND PRODUCTS
31 TAC §3.30
The Texas General Land Office (GLO) adopts under Title 31,
Part I, Chapter 3 a new Subchapter C relating to Purchasing and adopts within
this subchapter a new §3.30 relating to Historically Underutilized Businesses
Program. The new subchapter and rule were proposed in the April 19, 2002,
issue of the
Texas Register
(27 TexReg 3305)
and are being adopted without changes to the text as proposed. The text of
the new adopted rule will not be republished.
In 1999, the 76th Legislature mandated that each state agency adopt rules
regarding Historically Underutilized Businesses (HUB). These rules apply to
each agency's construction projects and purchases of goods and services paid
for with state appropriated funds.
No comments were received regarding the proposed new subchapter or rule.
The new section is adopted under Texas Natural Resources Code,
Chapter 31, §31.051 which provides the Commissioner of the General Land
Office with the authority to promulgate rules for the conduct of the work
of the General Land Office and under §2161.003 which mandates each state
agency to adopt the Texas Building and Procurement Commission's rules under
Section 2161.002 as the agency's or institution's own rules.
Texas Government Code §2161.003 is affected by this adopted action.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 10, 2002.
TRD-200203616
Larry Soward
Chief Clerk
General Land Office
Effective date: June 30, 2002
Proposal publication date: April 19, 2002
For further information, please call: (512) 305-9129
Chapter 65.
WILDLIFE
The Texas Parks and Wildlife Commission adopts amendments to §§65.9,
65.316, and 65.374, concerning Wildlife. The amendment to §65.374 is
adopted with changes to the proposed text as published in the April 26, 2002,
issue of the
Texas Register
(27 TexReg 3548)
The amendments to §65.9 and §65.316 are adopted without changes
and will not be republished.
The change to §65.374 limits the effect of the proposed September
1, 2003 date to only the season closure in state-owned riverbeds. The proposed
text inaccurately reflected that the September 1, 2003 date would also affect
public roads and the right-of-way of public roads, which was not intended.
Thus, new subsection (g) has been added and proposed subsection (a) has been
modified accordingly.
Under the terms of Government Code, §2001.039, the department has
conducted a required review of regulations contained in Chapter 65. The department
has determined that the original justification for the rules may not exist,
and to that end will conduct investigations to determine if the provisions
should be maintained beyond September 1, 2003.
The rules will function by imposing a date upon which the closed seasons
for game animals, game birds, migratory game birds, and furbearing animals
in state-owned riverbeds in Dimmit, Uvalde, and Zavala counties will cease.
The department received one comment concerning adoption of the proposed
rules. The commenter opposed adoption on the basis that the adoption did not
include proposed rules affecting commercial nongame collection and the temporary
possession of threatened and endangered species. The commenter further stated
that the department was adopting these other rules in secret. The department
disagrees with the commenter and responds that although all the rules appeared
as proposals in the same issue of the Texas Register, that fact in no way
obligates the commission to act upon all of them at the same time. No changes
were made as a result of the comment.
Subchapter A. STATEWIDE HUNTING AND FISHING PROCLAMATION
1.
GENERAL PROVISIONS
31 TAC §65.9
The amendments are adopted under the authority of Parks and
Wildlife Code, Chapter 61, which requires the commission to provide open seasons
for the hunting, taking, or possession of game animals, game birds, or aquatic
animal life if its investigations and findings of fact reveal that open seasons
may be safely provided or if the threat of waste requires an open season to
conserve game animals, game birds, or aquatic animal life; Chapter 64, which
provides the commission with the authority to provide an open season only
for the length of time justified by the supply of the species of migratory
game bird affected in this state or in the zone or section of this state where
the open season applies; and Chapter 71, which authorizes the commission to
regulate the taking, possession, propagation, transportation, exportation,
importation, sale, and offering for sale of fur-bearing animals, pelts, and
carcasses as the commission considers necessary to manage fur-bearing animals
or to protect human health or property.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 10, 2002.
TRD-200203587
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: June 30, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 389-4775
Chapter 3.
GENERAL PROVISIONS
Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Subchapter N. MIGRATORY GAME BIRD PROCLAMATION