CHAPTER 203. BRUSH CONTROL

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AGRICULTURE CODE

TITLE 7. SOIL AND WATER CONSERVATION

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(5) Repealed by Acts 2003, 78th Leg., ch. 200, Sec. 13(o) and

Acts 2003, 78th Leg., ch. 983, Sec. 12(a).

Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,

1985. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(o), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 12(a), eff.

Sept. 1, 2003.

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, with the assistance of local districts, shall

administer the brush control program under this chapter.

Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,

1985. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(e), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 6, eff. Sept.

1, 2003.

Sec. 203.012. RULES. The board, after consulting with local

districts, 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. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(e), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 6, eff. Sept.

1, 2003.

Sec. 203.013. AUTHORITY OF DISTRICTS. Each district may carry

out the responsibilities provided by Subchapter D as delegated by

the board.

Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,

1985. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(e), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 6, eff. Sept.

1, 2003.

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 State Soil and Water

Conservation Board shall consult with:

(1) the Texas Water Development Board in regard to the effects

of the brush control program on water quantity;

(2) the department in regard to the effects of the brush control

program on agriculture; and

(3) 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. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(f), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 6, eff. Sept.

1, 2003.

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 all

areas of the state where brush is contributing to a substantial

water conservation problem; and

(2) rank areas of the state in need of a brush control program,

as provided by Section 203.053.

Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,

1985. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(g), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 6, eff. Sept.

1, 2003.

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:

(1) include the date and place for holding the hearing;

(2) state the purpose for holding the hearing; and

(3) include instructions for each district to submit written

comments on the proposed plan.

Text of subsection (c) as amended by Acts 2003, 78th Leg., ch.

200, Sec. 13(h)

person may appear and present testimony including information and

suggestions for any changes in the proposed plan. The board

shall:

(1) enter any written comments received on the proposed plan

into the record of the hearing; and

(2) consider all written comments and testimony before taking

final action on the proposed plan.

Text of subsection (c) as amended by Acts 2003, 78th Leg., ch.

983, Sec. 7

person may appear and present testimony including information and

suggestions for any changes in the proposed plan. The board shall

enter into the record any written comments received on the

proposed plan and shall consider all written comments and

testimony before taking final action on the plan.

(d) After the conclusion of the hearing, the board shall

consider the testimony, including the information and suggestions

made at the hearing and in written comments, 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. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(h), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 7, eff. Sept.

1, 2003.

Sec. 203.053. CRITERIA FOR EVALUATING BRUSH CONTROL AREAS. (a)

In ranking areas under the plan, the board shall consider:

(1) the location of various brush infestations;

(2) the type and severity of brush infestations;

(3) the various management methods that may be used to control

brush;

(4) the amount of water produced by a project and the severity

of water shortage in the project area; and

(5) 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 ranking 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. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(i), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 8, eff. Sept.

1, 2003.

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 chapter considering the overall impact of the

project.

(b) The board may approve a method for use under the

cost-sharing program provided by Subchapter E 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 development of water

sources and 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 stream flows,

groundwater levels, and livestock and wildlife.

Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,

1985. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(j), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 8, eff. Sept.

1, 2003.

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 the jurisdiction

of that district.

Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,

1985. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(k), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 8, eff. Sept.

1, 2003.

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.

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.

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.

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;

(2) lessen the state's financial commitment to the project; and

(3) not exceed 80 percent of the total cost of the project.

(d) A political subdivision of this state is eligible for cost

sharing under the brush control program, provided that the

state's share may not exceed 50 percent of the total cost of a

single project.

(e) Notwithstanding any other provision of this section, 100

percent of the total cost of a single project on public lands may

be made available as the state's share in cost sharing.

Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,

1985. Amended by Acts 1999, 76th Leg., ch. 1386, Sec. 1, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 200, Sec. 13(l), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 9, eff. Sept.

1, 2003.

Sec. 203.156. APPLICATION FOR COST SHARING. A person, including

a political subdivision of this state, that 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. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(m), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 10, eff. Sept.

1, 2003.

Sec. 203.157. CONSIDERATIONS IN PASSING ON APPLICATION. In

passing on an application for cost sharing, the board shall

consider:

(1) the location of the project;

(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 submitted by a local

district, the department, the Texas Water Development Board, or

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. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(m), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 10, eff. Sept.

1, 2003.

Sec. 203.158. APPROVAL OF APPLICATION. The board may approve an

application if, after considering the factors listed in Section

203.157 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; and

(3) the project is a higher priority than other projects

submitted in accordance with the board's plan.

Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,

1985. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(m), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 10, eff. Sept.

1, 2003.

Sec. 203.159. PRIORITY OF PROJECTS. (a) If the demand for

funds under the cost-sharing program is greater than funds

available, the board shall 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.

Text of subsection (c) as amended by Acts 2003, 78th Leg., ch.

200, Sec. 13(n)

quantity of groundwater, and the amount of water conservation

from the eradication of brush each to be a priority.

Text of subsection (c) as amended by Acts 2003, 78th Leg., ch.

983, Sec. 11

conservation from the eradication of brush is a consideration in

assigning priority.

Added by Acts 1985, 69th Leg., ch. 655, Sec. 1, eff. Aug. 26,

1985. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(n), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 11, eff. Sept.

1, 2003.

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.

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.

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