CHAPTER 14. POWERS AND DUTIES CONCERNING WETLANDS
PARKS AND WILDLIFE CODE
TITLE 2. PARKS AND WILDLIFE DEPARTMENT
CHAPTER 14. POWERS AND DUTIES CONCERNING WETLANDS
SUBCHAPTER A. GENERAL POWERS AND DUTIES
Sec. 14.001. DEFINITIONS. In this chapter:
(1) "Department" means the Parks and Wildlife Department.
(2) "Land office" means the General Land Office.
(3) "Mitigation" means the sequential process of avoiding
impacts to wetlands, minimizing impacts to wetlands, and
providing compensation for losses to wetlands.
(4) "State-owned coastal wetlands" mean wetlands owned by state
agencies underlying or adjacent to tidal waters.
Added by Acts 1991, 72nd Leg., ch. 265, Sec. 3, eff. June 5,
1991.
Sec. 14.002. STATE-OWNED WETLAND CONSERVATION PLAN. (a) The
department and the land office, in conjunction, shall develop and
adopt a State Wetlands Conservation Plan for state-owned coastal
wetlands. The Texas Natural Resource Conservation Commission and
other state agencies and local governments shall assist in
developing and implementing the plan. The department and the land
office shall consult with federal agencies in developing and
adopting the plan.
(b) The plan shall include:
(1) a definition of the term "wetlands" consistent to the
greatest extent practicable with the definition under Subchapter
J, Chapter 11, Water Code, and federal law;
(2) a policy framework for achieving a goal of no overall net
loss of state-owned coastal wetlands, which framework shall
include monitoring and enforcement of the no overall net loss
policy;
(3) provisions for an inventory of state-owned coastal wetlands
to determine gains and losses in areal extent, wetland types,
wetland function, and the causes of wetlands alterations;
(4) provisions for an inventory of sites for compensatory
mitigation, enhancement, restoration, and acquisition priorities;
(5) clarification and unification of wetland mitigation policies
within the department, the land office, and the Texas Natural
Resource Conservation Commission, and other state agencies and
subdivisions;
(6) development of guidelines and regulations for mitigation
done in advance for losses due to possible future development and
for which credit may be received when such future development
occurs;
(7) evaluation of requirements of freshwater inflow to estuaries
that affect state-owned coastal wetlands;
(8) preparations for a long-range navigational dredging and
disposal plan, in consultation with the Texas Department of
Transportation, port authorities, and navigation districts,
including the recommendations set out in the department's Texas
Outdoor Recreation Plan;
(9) provisions for scientific studies examining the effects of
boat traffic in sensitive coastal wetland areas and for education
of the public with regard to the effects of boating in wetlands
and proper nondamaging boating techniques;
(10) provisions to encourage the reduction of nonpoint source
pollution of coastal wetlands, bays, and estuaries, in
consultation with the Texas Natural Resource Conservation
Commission, including the monitoring and adoption of nonpoint
source pollution standards as they are developed by authorized
state and federal agencies;
(11) development of a networking strategy to improve
coordination among existing federal and state agencies with
respect to coastal wetland permitting, review, and protection
responsibilities, including the assessment of current state
agency permitting and other processes concerning coastal
wetlands;
(12) a public education program on wetlands with the
responsibility for the production of such material to be jointly
that of the land office and the department;
(13) participation in the establishment of a National Wetlands
Information Center by the federal government;
(14) evaluation of the feasibility and effect of sediment
bypassing from reservoirs to bays and estuaries;
(15) consideration of sea level rise as it relates to coastal
wetlands;
(16) provisions consistent with the department's Texas Wetlands
Plan;
(17) a plan to acquire coastal wetlands, following the
guidelines provided for in Subchapter G, Chapter 33, Natural
Resources Code; and
(18) any other matter affecting state-owned coastal wetlands.
(c) The department and the land office shall submit the plan to
the Parks and Wildlife Commission and the School Land Board for
review, comments, and approval.
(d) Following approval of the plan, the Parks and Wildlife
Commission and the School Land Board shall adopt rules, policies,
standards, and guidelines to implement the plan fully.
Added by Acts 1991, 72nd Leg., ch. 265, Sec. 3, eff. June 5,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.279, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 165, Sec. 22(64), eff.
Sept. 1, 1995.
Sec. 14.003. GIFTS AND GRANTS. The department and the land
office may apply for, request, solicit, contract for, receive,
and accept gifts, grants, donations, and other assistance from
any source to carry out the powers and duties provided by this
subchapter.
Added by Acts 1991, 72nd Leg., ch. 265, Sec. 3, eff. June 5,
1991.