Title NR, Natural Resources Code

Sec. 151.008. CIVIL LIABILITY. Nothing in this subchapter shall be construed to affect the liability under any other statute or under common law, provided that failure to comply with the provisions of this subchapter shall not, by itself, create civil liability. Added by Acts 200…

Sec. 151.051. DAMAGES FOR UNAUTHORIZED HARVESTING. (a) A person who harvests standing timber with knowledge that the harvesting is without the permission of the owner of the standing timber and a person who causes another person to harvest standing timber without the permission o…

Sec. 151.052. CRIMINAL OFFENSE. (a) A person commits an offense if the person: (1) harvests standing timber with knowledge that the harvesting is without the permission of the owner of the standing timber; or (2) causes another person to harvest standing timber without the permis…

Sec. 151.101. DEFINITION. In this subchapter, "timber purchaser" means a person who purchases standing timber for harvest. Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997. Renumbered from Sec. 151.151 by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001…

Sec. 151.102. MONEY COLLECTED FOR TIMBER AS TRUST MONEY. Money a timber purchaser collects for harvested timber is trust money. Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997. Renumbered from Sec. 151.152 by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1,…

Sec. 151.103. TIMBER PURCHASER AS TRUSTEE. A timber purchaser and each officer, director, partner, or agent of a timber purchaser are trustees of trust money. Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997. Renumbered from Sec. 151.153 by Acts 2001, 77th Leg.,…

Sec. 151.104. BENEFICIARY OF TRUST. Each seller of standing timber is a beneficiary of trust money to the extent of the beneficiary's share of the purchase price for the timber. Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997. Renumbered from Sec. 151.154 by Ac…

Sec. 151.105. OFFENSE. (a) A trustee commits an offense if the trustee, knowingly or with intent to defraud, directly or indirectly retains, uses, disperses, or otherwise diverts more than $500 of trust money without first fully paying all of the beneficiaries the purchase price …

Sec. 151.106. DEFENSES TO PROSECUTION. It is an affirmative defense to prosecution under this section that: (1) the trustee paid the beneficiaries all trust money to which the beneficiaries were entitled not later than the 15th day after the date written notice was given to the t…

Sec. 151.107. ELECTION OF OFFENSES. If conduct constituting an offense under Section 151.105 is an offense under another law of this state, the state may elect the offense for which it prosecutes the trustee. Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997. Ren…

Sec. 152.001. POLICY. It is the public policy of the State of Texas to mitigate and control pests threatening forest land in this state in order to protect associated ecological resources, enhance the health and maintenance of forests, promote stability of forest-using industries…

Sec. 152.002. PUBLIC NUISANCE. Forest pests are declared to be a public nuisance. Acts 1977, 65th Leg., p. 2647, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.

Sec. 152.003. DEFINITIONS. In this chapter: (1) "Service" means the Texas A&M Forest Service. (2) "Forest pests" means native insects and diseases, nonnative invasive insects and diseases, and noxious and invasive plants included on a list under Section 71.151, Agriculture Code, …

Sec. 152.011. IN GENERAL. The Texas Forest Service shall administer the provisions of this chapter and make all relevant determinations. Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.

Sec. 152.012. SURVEYS AND INVESTIGATIONS. (a) The service shall make surveys and investigations to determine the existence of infestations of forest pests and means practical for their control by landowners. (b) Duly delegated representatives of the service may enter private land…

Sec. 152.013. DETERMINATION OF AREA CONTROL MEASURES. If the service finds an infestation existent or threatened in the state, it shall determine: (1) when control measures are needed; (2) the nature of the control measures; (3) availability of control measures; and (4) the techn…

Sec. 152.014. NOTICE OF FINDING OF INFESTATION. After determining that an infestation exists, the service shall give notice of the fact by: (1) placing a notice in a newspaper or newspapers in the county or counties in which any infested land is located, or, if there is no newspa…

Sec. 152.015. HEARING. At the hearing, the agent of the service who presides shall: (1) describe the conditions that have been found; (2) explain the measures needed to control the pest infestation; (3) hear all suggestions and protests; and (4) record the proceedings. Acts 1977,…

Sec. 152.016. PROCEDURES FOR CONTROL. As soon as practicable after the hearing, the service shall promulgate procedures to be followed for the control of the infestation and shall publish a copy in a newspaper circulated in the affected area in the same manner as publication of p…

Sec. 152.017. SPECIFIC CONTROL MEASURES. If the provisions of Sections 152.013 through 152.016 of this code have not been applied and control measures are needed to check the spread of the forest pests on forest land owned or controlled by any person, written notice, signed by a …

Sec. 152.018. NOTICE TO SPECIFIC LANDOWNER. (a) The notice required by Section 152.017 shall inform the landowner of: (1) the facts found to exist; (2) the landowner's responsibilities for the control measures; (3) the control technique recommended; (4) the law under which contro…

Sec. 152.019. NOTICE TO FOREST OWNER. If the landowner has notified the service of a forest owner under Section 152.064, the service shall furnish the same information to the forest owner that it is required by this chapter to give to the landowner. Acts 1977, 65th Leg., p. 2649,…

Sec. 152.020. SUPERVISION. (a) A landowner shall inform the service of measures taken by the landowner to control the infestation and the results of those measures. (b) The service may change its prescribed procedures as conditions or new information may require. (c) On request, …

Sec. 152.021. CONTROL MEASURES APPLIED BY SERVICE. If the landowner or another person fails to apply the pest control measures prescribed by the service not later than the 10th day after the date notice is given under Section 152.014 or 152.018, the service may contact the landow…

Sec. 152.022. EXPENSE OF CONTROL MEASURES TAKEN BY SERVICE. (a) The landowner shall pay all charges and expenses of control measures taken by the service. (b) The service shall charge amounts consistent with current commercial rates for control measures taken by the service. Acts…

Sec. 152.023. CLAIM AGAINST LANDOWNER. The amount charged for control measures taken by the service constitutes a legal claim against the landowner, but does not constitute a lien on any land owned by the landowner. Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff. Sep…

Sec. 152.024. SUIT. The attorney general may bring suit on behalf of the service in the county in which the infestation occurred to recover the claim against the landowner, together with all costs incurred in the suit. Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff. …

Sec. 152.025. LANDOWNER REIMBURSEMENT. (a) If the landowner has notified the service of a forest owner under Section 152.064, the landowner is entitled to reasonable reimbursement from the forest owner for amounts: (1) spent by the landowner for pest control measures under Sectio…

Sec. 152.026. COOPERATIVE AGREEMENTS. The service may enter into cooperative agreements with private landowners or forest owners, the federal government, or other public or private agencies to accomplish the control of forest pests. Acts 1977, 65th Leg., p. 2650, ch. 871, art. I,…

Sec. 152.061. GENERAL DUTY OF LANDOWNER. Each owner of forest land shall control the forest pests on land owned by the person or under the person's direction as provided in this chapter. Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by: Acts …

Sec. 152.062. DUTY TO APPLY CONTROL MEASURES. Not later than the 10th day after the date notice is given under Section 152.014 or 152.018, each affected landowner shall commence diligently to take measures to control the infestation as prescribed and continue this activity with a…

Sec. 152.063. REPORTS AND CONSULTATION WITH SERVICE. (a) The landowner shall notify the service of the landowner's actions and the result of those actions. (b) The landowner may report to and consult with a representative of the service as often as necessary. Acts 1977, 65th Leg.…

Sec. 152.064. NOTIFYING SERVICE OF FOREST OWNER. If all or part of the standing trees are owned by someone other than the landowner, either by a present right or by a future right under the terms of a valid existing contract, the landowner shall notify the service of that fact an…

Sec. 152.101. JUDICIAL REVIEW OF SERVICE NOTICE. A landowner or person having control of forest land who is aggrieved by the notice given by the service is entitled to seek relief but only if the proceedings to obtain the relief are initiated within 10 days from the time notice i…

Sec. 152.102. VENUE. The proceeding to obtain relief shall be in the district court of the county in which the land is located. Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.

Sec. 152.103. CONTROL MEASURES PENDING LITIGATION. The service shall not proceed with any control measures while the litigation is pending unless permission to do so is given by the court on a showing of probable harm due to a delay in using the control measures. Acts 1977, 65th …

Sec. 152.105. INJUNCTIVE RELIEF FOR LANDOWNER. If the final judgment in an action seeking relief from a notice is in favor of the landowner, the landowner may be entitled to injunctive relief against the use of any control measures on the landowner's forest land by the service un…

Sec. 152.106. NOTICE FINAL. If the final judgment is against the landowner, or if the landowner fails to seek relief in the district court of the county in which the land is located, the notice from the service is final, and the service shall summarily take the measures necessary…

Sec. 153.001. DEFINITIONS. In this chapter: (1) "Board" means the Prescribed Burning Board. (2) "Department" means the Department of Agriculture. (3) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1096 (H.B. 2053), Sec. 6, eff. September 1, 2019. Added by Acts 1999, 76th Leg., ch. 1…

Sec. 153.002. LANDOWNER'S RIGHT TO CONDUCT BURNS NOT LIMITED. This chapter does not limit a landowner's right to conduct burns on the landowner's property. Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.

Sec. 153.003. LIABILITY. This chapter does not modify a landowner's liability for property damage, personal injury, or death resulting from a burn that is not conducted as provided by this chapter. Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.

Sec. 153.004. PRESCRIBED BURNING IN STATE OF EMERGENCY OR DISASTER. A certified and insured prescribed burn manager may conduct a burn in a county in which a state of emergency or state of disaster has been declared by the governor or the president of the United States, unless th…

Sec. 153.041. ESTABLISHMENT. (a) The Prescribed Burning Board is established within the department and is composed of: (1) an employee of the Texas Forest Service designated by the director of the Texas Forest Service; (2) an employee of the Parks and Wildlife Department appointe…

Sec. 153.042. INFORMATION RELATING TO STANDARDS OF CONDUCT. The presiding officer of the board or the presiding officer's designee shall provide to members of the board, as often as necessary, information regarding their qualification for office under this chapter and their respo…

Sec. 153.043. MEMBER TRAINING. (a) A person appointed to the board is not eligible for membership on the board unless the person completes at least one training program that complies with this section. (b) The training program must provide information to the member regarding: (1)…

Sec. 153.044. SUNSET PROVISION. The Prescribed Burning Board is subject to Chapter 325, Government Code (Texas Sunset Act). The board shall be reviewed during the period in which the Department of Agriculture is reviewed. Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept…