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Texas Laws | Natural Resources Code
NATURAL RESOURCES CODE
TITLE 9. HERITAGE

(c) If an institution of higher education notifies the committee in a timely manner (as established by the committee's rules) that it protests the terms of a permit proposed to be granted to an institution of higher education under this chapter, the matter becomes a contested case under the provisions of Sections 12 through 20 of the Administrative Procedure and the Texas Register Act. The hearing officer in his or her recommendations to the committee and the committee in its determination of findings of fact and conclusions of law shall consider: (14545)

(1) that the primary mission of institutions of higher education is the provision of educational services to the state's citizens; (14546)

(2) that the authority for expenditure of the portion of the state's resources allocated to institutions of higher education for construction and repair purposes is entrusted to the governing boards of institutions of higher education for the purpose of the furtherance of the primary mission of the respective institutions of higher education; (14547)

(3) whether the legislature has provided extra funds that may be required to implement any proposed requirements; (14548)

(4) the effect of any proposed requirements on maintenance costs; (14549)

(5) the effect of any proposed requirements on energy costs; and (14550)

(6) the appropriateness of any proposed permit requirements to the uses to which a public building has been or will be dedicated by the governing board of the institution of higher education. (14551)

(d) Weighing the criteria set forth in Subsections (b) and (c) of this section against the criteria it adopts pursuant to Section 191.092 of this chapter and such criteria as it may adopt with regard to permit requirements, the committee shall designate a building or land under the control of an institution of higher education as a landmark or include a requirement in a permit only if the record before the committee establishes by clear and convincing evidence that such designation or inclusion would be in the public interest. (14552)

Added by Acts 1983, 68th Leg., p. 2003, ch. 364, Sec. 6, eff. Sept. 1, 1983. Amended by Acts 1995, 74th Leg., ch. 109, Sec. 29, eff. Aug. 30, 1995. (14553)

Amended by: (14554)

Acts 2009, 81st Leg., R.S., Ch. 1182 (H.B. 3632), Sec. 5, eff. June 19, 2009. (14555)

Sec. 191.051. IN GENERAL. (14556)(Text)

(a) The committee is the legal custodian of all items described in this chapter that have been recovered and retained by the State of Texas. (14557)

(b) The committee shall: (14558)

(1) maintain an inventory of the items recovered and retained by the State of Texas, showing the description and depository of them; (14559)

(2) determine the site of and designate landmarks and remove from the designation certain sites, as provided in Subchapter D of this chapter; (14560)

(3) contract or otherwise provide for discovery operations and scientific investigations under the provisions of Section 191.053 of this code; (14561)

(4) consider the requests for and issue the permits provided for in Section 191.054 of this code; (14562)

(5) prepare and make available to the general public and appropriate state agencies and political subdivisions information of consumer interest describing the functions of the committee and the procedures by which complaints are filed with and resolved by the committee; and (14563)

(6) protect and preserve the archeological and historical resources of Texas. (14564)

Acts 1977, 65th Leg., p. 2685, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 2002, ch. 364, Sec. 5, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 948, Sec. 4, eff. Sept. 1, 1987. (14565)

Sec. 191.052. RULES. (14566)(Text)

The committee may promulgate rules and require contract or permit conditions to reasonably effect the purposes of this chapter. (14567)

Acts 1977, 65th Leg., p. 2685, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (14568)

Sec. 191.0525. NOTICE REQUIRED. (14569)(Text)

(a) Before breaking ground at a project location on state or local public land, the person primarily responsible for the project or the person's agent shall notify the committee. The committee shall promptly determine whether: (14570)

(1) a historically significant archeological site is likely to be present at the project location; (14571)

(2) additional action, if any, is needed to protect the site; and (14572)

(3) an archeological survey is necessary. (14573)

(b) Except as provided by Subsection (c), the committee shall make a determination not later than the 30th day after the date the committee receives notice under Subsection (a). If the committee fails to respond in the 30-day period, the person may proceed with the project without further notice to the committee. If the committee determines that an archeological survey is necessary at the project location, the project may not commence until the archeological survey is completed. (14574)

(c) The committee shall make a determination not later than the 15th day after the date the committee receives notice under Subsection (a) for project locations regarding oil, gas, or other mineral exploration, production, processing, marketing, refining, or transportation facility or pipeline projects. If the committee fails to respond in the 15-day period, the person may proceed with the project without further notice to the committee. If the committee determines that an archeological survey is necessary at the project location, the project may not commence until the archeological survey is completed. (14575)

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