Texas Laws - Natural Resources Code
NATURAL RESOURCES CODE
TITLE 5. GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES

Article III. (a) This compact applies within each party state to individuals, associations, corporations, and governmental and private entities claiming any right to the use of the natural energy or water resources in a party state, except as otherwise provided in this compact. (12872)

(b) Each party state agrees that within a reasonable time it may enact laws designed to promote a free flow of natural energy and water resources among all party states. These laws will not apply to states that are not parties to this compact. (12873)

Article IV. (a) An administrative agency known as the Interstate Natural Energy and Water Resources Commission is created. Each party state shall appoint, in accordance with its laws, three members of the commission. Members of the commission are known as commissioners. (12874)

(b) The commission shall conduct studies and make recommendations to the party states regarding the conservation and wise utilization of natural energy and water resources by those states. It shall recommend to the party states methods of coordinating the exercise of state power to promote maximum conservation and utilization of natural energy and water resources. (12875)

(c) The commission may meet as often as it considers necessary, but it must meet at least once each year. At least once each year the commission shall report its findings and recommendations to the governor and legislature of each party state. (12876)

(d) The commission shall organize and adopt rules and bylaws for conducting its business. It shall adopt a seal. The commission may not act on any matter except by an affirmative vote of a majority of all commissioners serving on the commission. (12877)

(e) The commission shall elect annually from among its members a chairman, vice-chairman, and treasurer. It shall appoint a director who serves at its pleasure. The director is also secretary of the commission. The director and treasurer shall be bonded in an amount and in a manner determined by the commission. The director is responsible for the appointment and discharge of personnel. He shall establish personnel policies, retirement programs, and employee benefit programs, subject to the approval of the commission. (12878)

(f) The commission shall establish and maintain such facilities as it considers necessary for transacting its business. (12879)

(g) For the purposes of this compact, the commission may accept and use gifts or grants of money, equipment, or supplies from any public or private legal entity and may accept and use the services of personnel made available to it by any public or private legal entity. (12880)

Article V. (a) Nothing in this compact shall be construed as: (12881)

(1) affecting the jurisdiction of any interstate agency in which a party state participates; (12882)

(2) affecting the provisions of any interstate compact to which a member state is a party, or any obligation of a member state under such a compact; (12883)

(3) discouraging additional interstate compacts in which one or more parties to this compact may be a party; (12884)

(4) discouraging the coordination of activities regarding a specific natural resource or any aspect of natural resource management; (12885)

(5) discouraging the establishment of intergovernmental planning agencies within the area of the states that are party to this compact; or (12886)

(6) limiting the jurisdiction or activities of any participating government or any agency or officer of a participating government except as expressly provided in this compact. (12887)

Article VI. The commission shall submit to the governor and legislature of each party state a budget of its estimated expenditures for a period of time as is appropriate, based on the laws of that state. Each budget of estimated expenditures shall contain specific recommendations as to the apportionment of costs among the party states. (12888)

Article VII. Any party state may, by legislative act and one year's notice, withdraw from this compact. (12889)

Article VIII. The provisions of this compact are severable. If any provision or application of it is held invalid, that does not affect the validity of any other provision or application. The provisions of this compact shall be construed liberally to accomplish its purposes. (12890)

Article IX. This compact does not seek to affect political balance within the federal system and shall not be construed as requiring the consent of congress under Article I, Section 10, United States Constitution. (12891)

Added by Acts 1979, 66th Leg., p. 2001, ch. 785, Sec. 4, eff. June 13, 1979. (12892)

TITLE 6. TIMBER (12893)(1-click HTML)

CHAPTER 151. PROVISIONS GENERALLY APPLICABLE (12894)(1-click HTML)

SUBCHAPTER A. BILL OF SALE FOR PURCHASE OF TREES AND TIMBER (12895)(1-click HTML)
Sec. 151.001. REQUIRED BILL OF SALE. (12896)(1-click HTML)

Before purchasing or accepting delivery of any trees, timber, logs, pulpwood, or in-woods chips, a seller shall provide and a purchaser shall require a bill of sale for the trees, timber, logs, pulpwood, or in-woods chips executed by the seller. The bill of sale may be a part of, a compilation of information taken from, or an addendum to, by way of example, a timber deed, scale ticket, weight ticket, cutting contract, harvest agreement, wood purchase agreement, or other records of the sale and purchase made at the time if all the information required by Section 151.002 is included. (12897)

Acts 1977, 65th Leg., p. 2645, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Renumbered from Sec. 151.041 and amended by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001. (12898)

Sec. 151.002. INFORMATION IN BILL OF SALE. (12899)(1-click HTML)

(a) The bill of sale, which may be filed of record in the appropriate real property records, shall at a minimum include: (12900)

(1) the name of the: (12901)

(A) owner of the land from which the trees, timber, logs, pulpwood, or in-woods chips were or are to be obtained; (12902)

(B) seller, if the seller is not the owner of the land; and (12903)

(C) purchaser; (12904)

(2) a description of the survey or tract of land from which the trees, timber, logs, pulpwood, or in-woods chips were or are to be obtained, or information from which the identity of that tract of land may be ascertained, but in any event including the county name; (12905)

(3) a general description of the trees, timber, logs, pulpwood, or in-woods chips conveyed in the bill of sale; and (12906)

(4) representations and a warranty from the seller that the seller is the lawful owner of all the trees, timber, logs, pulpwood, or in-woods chips conveyed in the bill of sale and that the trees, timber, logs, pulpwood, or in-woods chips are free and clear of all liens, security agreements, encumbrances, claims, demands, and charges. (12907)

(b) The purchaser of trees, timber, logs, pulpwood, or in-woods chips conveyed in the bill of sale may, and is entitled to, rely on the information required to be provided by the seller to be incorporated into the bill of sale, as well as on the representations and warranty of the seller. (12908)

Acts 1977, 65th Leg., p. 2645, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Renumbered from Sec. 151.042 and amended by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001. (12909)

Sec. 151.003. RETENTION OF BILL OF SALE. (12910)(1-click HTML)

A person that purchases trees, timber, logs, pulpwood, or in-woods chips shall retain the bill of sale for not less than two years following the later of the date of execution of the bill of sale or the expiration date referenced in the bill of sale. (12911)

Acts 1977, 65th Leg., p. 2645, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Renumbered from Sec. 151.043 and amended by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001. (12912)

Sec. 151.004. NOTICE CONCERNING SALE OR PURCHASE OF TREES OR TIMBER. (12913)(1-click HTML)

At each designated point of delivery for trees, timber, logs, pulpwood, or in-woods chips, a wood yard, transfer yard, mill site, or storage yard shall post the following written notice in lettering not less than one inch: (12914)

NOTICE CONCERNING SALE OR PURCHASE OF TREES OR TIMBER (12915)

1. A seller or purchaser of trees, timber, logs, pulpwood, or in-woods chips who knowingly fails to provide, obtain, or retain a bill of sale as provided in Chapter 151, Natural Resources Code, is guilty of a misdemeanor and on conviction is subject to a fine of not more than $500 for each offense. (12916)

2. A person, firm, partnership, or corporation adjudged guilty of theft or fraud in connection with the sale or purchase of trees or timber will be punished as provided by the Penal Code. (12917)

  

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