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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment, administration, and use of the land |
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and water conservation fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 31, Natural Resources Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. LAND AND WATER CONSERVATION FUND |
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Sec. 31.201. DEFINITIONS. In this subchapter: |
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(1) "Advisory committee" means the land and water |
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technical advisory committee. |
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(2) "Agricultural conservation easement" has the |
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meaning assigned by Section 84.002, Parks and Wildlife Code. |
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(3) "Conservation board" means the land and water |
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conservation board. |
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(4) "Conservation easement" has the meaning assigned |
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by Section 183.001, Natural Resources Code. |
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(5) "Fund" means the land and water conservation fund. |
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(6) "Nature-based project" means a project or practice |
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that uses protected, restored, or constructed natural features or |
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an engineered project or practice that mimics natural processes. |
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(7) "Public access" means a land or water area for |
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human use and enjoyment that is relatively free of man-made |
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structures and includes land and water parks owned or operated by |
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the state or a political subdivision. |
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Sec. 31.202. LAND AND WATER CONSERVATION BOARD. (a) The |
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land and water conservation board is composed of five members as |
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follows: |
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(1) the commissioner or the commissioner's designee; |
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(2) the executive director of the Texas Commission on |
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Environmental Quality or the executive director's designee; |
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(3) the executive director of the Parks and Wildlife |
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Department or the executive director's designee; |
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(4) the executive administrator of the Texas Water |
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Development Board or the executive administrator's designee; and |
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(5) the chair of the advisory committee established by |
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Section 31.209 or the chair's designee. |
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(b) The commissioner or the commissioner's designee is the |
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chair of the conservation board. |
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(c) The conservation board may appoint to the conservation |
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board not more than two nonvoting members with professional or |
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academic experience in a field related to the conservation board's |
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duties. A member appointed under this section may serve for a term |
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of not more than two years. |
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Sec. 31.203. LAND AND WATER CONSERVATION FUND. (a) The |
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land and water conservation fund is created as a special fund in the |
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state treasury outside the general revenue fund. |
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(b) The fund may be used: |
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(1) without further legislative appropriation; and |
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(2) only as provided by this subchapter. |
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(c) The fund consists of: |
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(1) money transferred to the fund in accordance with |
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Sections 49-g(c) and (c-1), Article III, Texas Constitution; |
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(2) money appropriated to the fund by law; |
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(3) the proceeds of fees or other sources of revenue |
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dedicated by law for deposit to the fund; |
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(4) interest and other earnings on the investment of |
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money in the fund; |
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(5) gifts, grants, or donations to the fund; and |
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(6) money from other sources designated by the |
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conservation board for deposit to the fund as authorized by law. |
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(d) The conservation board may use the fund only to: |
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(1) award a grant to an entity for a conservation, |
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restoration, or public access project as provided by Section |
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31.204; |
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(2) award a grant to provide matching funds to an |
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entity to participate in a federal program for a conservation, |
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restoration, or public access project as provided by Section |
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31.204; and |
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(3) pay the necessary and reasonable expenses to |
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administer the fund, not to exceed three percent of money disbursed |
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from the fund in any given year. |
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Sec. 31.204. ELIGIBLE PROJECTS AND PERSONS ELIGIBLE FOR |
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GRANT; PRIORITY. (a) Projects eligible for a grant awarded from |
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the fund include: |
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(1) a public parks or natural areas project that |
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benefits, protects, or enhances the local park grant program |
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administered by the Parks and Wildlife Department, a private or |
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public local park, a recreation trail or trail easement, or public |
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access in general; and |
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(2) a natural resource conservation project that |
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benefits, protects, or enhances: |
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(A) farm, ranch, and forest land, including: |
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(i) by creating an agricultural |
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conservation easement; |
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(ii) by creating a conservation easement; |
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(iii) by conserving forest lands; and |
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(iv) through a project related to the Texas |
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Farm and Ranch Lands Conservation Program under Chapter 84, Parks |
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and Wildlife Code; |
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(B) wildlife or a wildlife habitat, including |
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acquisition of a land or conservation easement for protection of a |
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wetland or wildlife habitat; and |
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(C) a nature-based project that uses water |
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resources for water quality and quantity, including: |
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(i) aquifer recharge area protection; |
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(ii) acquisition of land or conservation |
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easements for protection and enhancement of a water resource; and |
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(iii) dedication for 10 years or more of a |
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water right or permit allocation to maintain or improve instream |
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flows, spring flows, and bay and estuary inflows; |
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(D) a restoration project that: |
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(i) improves water quality, prevents soil |
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erosion, reduces loss of wildlife habitat, or restores native |
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grassland on agricultural land; |
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(ii) restores critical wildlife habitat, |
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maintains or enhances fish or wildlife habitat, or restores a |
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wetland; and |
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(iii) enhances spring flow, restores a |
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stream, river, or riparian area, improves habitat, or improves |
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water quality. |
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(b) The conservation board may award a grant under this |
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chapter only to a district or authority created under Section 52, |
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Article III, or Section 59, Article XVI, Texas Constitution, a |
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municipality, a county, a state agency, or a nongovernmental |
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entity. |
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(c) The conservation board by rule shall establish criteria |
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for setting priorities for the projects eligible to receive grants |
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under this subchapter. The criteria must include: |
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(1) the project's use of matching funds; |
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(2) the potential to maximize benefits in multiple |
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eligible project areas; |
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(3) the long-term sustainability and benefits of the |
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project; |
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(4) coordination and integration with other relevant |
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projects necessary for the success of the project; |
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(5) regional and eco-regional diversity of the |
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project; and |
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(6) the overall ecological benefit of the project. |
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Sec. 31.205. APPLICATION PREPARATION ASSISTANCE. (a) The |
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conservation board shall establish a grant program to provide |
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financial assistance to eligible entities for conservation |
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planning, application preparation, and administrative costs |
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associated with eligible projects described by Section 31.204. |
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(b) The conservation board shall provide guidance to |
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applicants for projects that are eligible under more than one |
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funding category. |
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Sec. 31.206. FUNDING DETERMINATIONS; APPLICATION PROCESS. |
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(a) The conservation board shall implement an application process |
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to select eligible projects in accordance with the priority |
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criteria established under Section 31.204(b). |
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(b) If the conservation board receives a sufficient number |
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of applications for eligible projects, the conservation board shall |
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allocate: |
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(1) not less than 80 percent of the funding in any |
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cycle to public parks and natural area projects as described by |
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Section 31.204(a)(1); and |
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(2) not more than 20 percent of the funding in any |
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cycle to natural resource conservation projects as described by |
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Section 31.204(a)(2). |
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Sec. 31.207. APPROVAL OF APPLICATIONS. The conservation |
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board may approve an application only if the conservation board |
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finds that: |
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(1) the application and the assistance applied for |
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meet the requirements of this subchapter and rules adopted under |
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this subchapter; and |
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(2) the applicant demonstrates the ability to complete |
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the project. |
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Sec. 31.208. RULES. The conservation board shall adopt |
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rules necessary to implement this subchapter, including rules that |
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establish procedures for: |
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(1) the administration of the fund; and |
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(2) an application for a project grant from the fund. |
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Sec. 31.209. LAND AND WATER CONSERVATION TECHNICAL ADVISORY |
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COMMITTEE. (a) The land and water conservation technical advisory |
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committee is composed of the following nine members: |
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(1) one representative from each state agency |
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specified by Sections 31.202(a)(1)-(4); |
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(2) three representatives appointed by the |
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conservation board from nongovernmental entities who have relevant |
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experience; and |
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(3) two representatives appointed by the conservation |
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board from institutions of higher education who have relevant |
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professional experience. |
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(b) The advisory committee shall assist in developing and |
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evaluating: |
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(1) the application process and scoring criteria for |
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project funding by the conservation board; |
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(2) recommendations to the conservation board; and |
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(3) other items as directed by the conservation board. |
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Sec. 31.210. MONITORING AND REPORTING. (a) Not later than |
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September 1 of every second year, the conservation board shall |
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prepare and submit to the legislature a report quantifying the |
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benefits of projects that have received grants under this |
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subchapter. |
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(b) The conservation board may use money from the fund to |
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prepare the report required by this section. |
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SECTION 2. The land and water conservation board shall |
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submit to the legislature the initial report required by Section |
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31.210, Natural Resources Code, as added by this Act, not later than |
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September 1, 2027. |
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SECTION 3. This Act takes effect September 1, 2023. |