EDUCATION CODE
CHAPTER 88. AGENCIES AND SERVICES OF THE TEXAS A & M UNIVERSITY
SYSTEM
SUBCHAPTER A. GENERAL PROVISIONS
§ 88.001. AGENCIES AND SERVICES. The agencies and
services of the Texas A & M University System are:
(1) the Texas Forest Service (see Subchapter B of
this chapter);
(2) the Texas Agricultural Experiment Station (see
Subchapter C of this chapter);
(3) the Texas Agricultural Extension Service,
established by action of the board of directors;
(4) the Texas Engineering Experiment Station,
established by action of the board of directors;
(5) the Texas Engineering Extension Service,
established by action of the board of directors; and
(6) other agencies and services that may be
established by law or by action of the board of directors.
Acts 1971, 62nd Leg., p. 3209, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.002. DEFINITION. In this chapter, "board"
means the board of regents of The Texas A & M University System.
Added by Acts 1985, 69th Leg., ch. 488, § 1, eff. Sept. 1, 1985.
SUBCHAPTER B. THE TEXAS FOREST SERVICE
§ 88.101. DIRECTOR OF TEXAS FOREST SERVICE. The
board shall appoint a director of the Texas Forest Service, who
shall be a technically trained forester with not less than two years
of experience in professional forestry work.
Acts 1971, 62nd Leg., p. 3209, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1985, 69th Leg., ch. 488, § 2, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 209, § 1, eff. May 19,
1993.
§ 88.1015. DEFINITIONS. In this subchapter:
(1) "Director" means the director of the Texas
Forest Service.
(2) "Wildfire" means any fire occurring on wildland
except a fire that constitutes controlled burning within the
meaning of Section 28.01, Penal Code.
(3) "Wildland" means an area in which there is
virtually no development except for:
(A) roads, railroads, transmission lines, and
similar transportation facilities; or
(B) development related to use of the land for
park purposes or for timberland or other agricultural purposes.
Added by Acts 1993, 73rd Leg., ch. 209, § 2, eff. May 19, 1993.
§ 88.102. GENERAL DUTIES. Under the general
supervision of the board, the director shall:
(1) assume direction of all forest interests and
all matters pertaining to forestry within the jurisdiction of this
state;
(2) subject to the approval and confirmation of the
board, appoint the assistants and employees necessary in executing
the duties of his office and the purposes of the board, their
compensation to be fixed by the board;
(3) take any action deemed necessary by the board to
prevent and extinguish forest fires;
(4) enforce all laws pertaining to the protection
of forests and woodlands and prosecute violations of those laws;
(5) collect data relating to forest conditions;
and
(6) prepare for the board an annual report stating
the progress and condition of state forestry work and recommending
plans for improving the state system of forest protection,
management, and replacement.
Acts 1971, 62nd Leg., p. 3209, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1985, 69th Leg., ch. 488, § 2, eff.
Sept. 1, 1985.
§ 88.103. ENFORCEMENT; APPOINTMENT OF PEACE
OFFICERS. The director may appoint not to exceed 25 employees
of the Texas Forest Service who are certified by the Commission on
Law Enforcement Officer Standards and Education as qualified to be
peace officers to serve as peace officers under his direction in
executing the enforcement duties of that agency. The appointments
must be approved by the board which shall commission the appointees
as peace officers. Any officer commissioned under this section is
vested with all the powers, privileges, and immunities of peace
officers in the performance of his duties. The officer shall take
the oath required of peace officers.
Acts 1971, 62nd Leg., p. 3209, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1975, 64th Leg., p. 1840, ch. 570, § 1,
eff. June 19, 1975; Acts 1985, 69th Leg., ch. 488, § 2, eff.
Sept. 1, 1985; Acts 1999, 76th Leg., ch. 689, § 1, eff. June 18,
1999; Acts 2003, 78th Leg., ch. 285, § 6, eff. Sept. 1, 2003.
§ 88.104. AUTHORITY TO ENTER PRIVATE LAND.
Authority is hereby granted to every employee of the Texas Forest
Service and any outside labor or assistance the employee deems
necessary to enter upon any privately-owned land in the performance
of fire suppression duties which are by state law under the
direction of the director. These entries on privately-owned land
may be made whenever it is necessary to investigate forest and grass
fires and to ascertain whether they are burning uncontrolled, and
whenever it is necessary to suppress forest and grass fires that are
known to be burning uncontrolled.
Acts 1971, 62nd Leg., p. 3210, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1985, 69th Leg., ch. 488, § 2, eff.
Sept. 1, 1985.
§ 88.105. COOPERATION WITH PERSONS AND AGENCIES.
On request, under the sanction of the board, and whenever he deems
it essential to the best interests of the people of the state, the
director shall cooperate with counties, towns, corporations, or
individuals in preparing plans for the protection, management, and
replacement of trees, woodlots, and timber tracts, under an
agreement that the parties obtaining the assistance pay at least
the field expenses of the men employed in preparing the plans. The
board may cooperate with the National Forest Service under terms it
deems desirable.
Acts 1971, 62nd Leg., p. 3210, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1985, 69th Leg., ch. 488, § 2, eff.
Sept. 1, 1985.
§ 88.106. COOPERATION WITH FEDERAL AGENCIES; RURAL
FIRE PROTECTION PLANS; FIRE TRAINING; DISPOSITION OF USED OR
OBSOLETE EQUIPMENT. (a) The director, under the
supervision of the board, may cooperate on forestry projects with
the National Forest Service and other federal agencies; and,
subject to the authorization of the board, he may execute
agreements relating to forest protection projects in cooperation
with federal agencies and timberland owners and may also execute
agreements with timberland owners involving supervision of forest
protection and forest development projects when the projects are
developed with the aid of loans from a federal agency and when the
supervision by the state is required by federal statute or is deemed
necessary by the federal agency.
(b) Under the supervision of the board, the director may:
(1) cooperate in the development of rural fire
protection plans;
(2) provide training in suppression of fires; and
(3) sell, lend, or otherwise make available to
volunteer fire departments used or obsolete fire control or fire
rescue equipment available to the Texas Forest Service, including
federal excess or surplus property.
(c) A person may donate used or obsolete fire control or
fire rescue equipment to the Texas Forest Service for the service's
use or the service's distribution to other volunteer fire
departments.
(d) A person is not liable in civil damages for personal
injury, property damage, or death resulting from a defect in
equipment donated in good faith by the person under this section
unless the person's act or omission proximately causing the claim,
damage, or loss constitutes malice, gross negligence,
recklessness, or intentional misconduct. The Texas Forest Service
and its director and other officers and employees are not liable in
civil damages for personal injury, property damage, or death
resulting from a defect in equipment sold, loaned, or otherwise
made available in good faith by the director under this section
unless the act or omission of the service or its director, officer,
or employee proximately causing the claim, damage, or loss
constitutes malice, gross negligence, recklessness, or intentional
misconduct.
(e) In this section, "fire control or fire rescue
equipment" includes a vehicle, fire fighting tool, protective gear,
breathing apparatus, and other supplies and tools used in fire
fighting or fire rescue. A breathing apparatus that is donated to
the Texas Forest Service will be recertified to manufacturer's
specifications before it is made available to an authorized group
by a technician certified by the manufacturer.
Acts 1971, 62nd Leg., p. 3210, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1973, 63rd Leg., p. 240, ch. 115, § 1,
eff. May 18, 1973; Acts 1985, 69th Leg., ch. 488, § 2, eff. Sept.
1, 1985; Acts 1997, 75th Leg., ch. 28, § 1, eff. Sept. 1, 1997.
§ 88.107. FOREST LAND: ACQUISITION BY GIFT OR
PURCHASE. (a) On the recommendation of the board, the
governor may accept gifts of land to the state to be held,
protected, and administered by the board as state forests and to be
used to demonstrate the practical utility of timber culture and
water conservation and for game preserves. The gifts may be on
terms and conditions agreed upon between the grantors of the
property and the board.
(b) The board may purchase lands in the name of the state
suitable chiefly for the production of timber as state forests,
using for that purpose any special appropriation.
(c) All conveyances of property, by gift or otherwise,
shall be submitted to the attorney general for approval as to form.
Acts 1971, 62nd Leg., p. 3210, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.108. ACQUISITION OF LAND FOR FORESTRY PURPOSES;
DISPOSITION. (a) The board may accept gifts, donations, or
contributions of land suitable for forestry purposes and may enter
into agreements with the federal government or other agencies for
acquiring by lease, purchase, or otherwise any land that in the
judgment of the board is desirable for state forests.
(b) When land is acquired or leased under this section,
the board may make expenditures, from any funds not otherwise
obligated, for its management, development, and utilization. The
board may sell or otherwise dispose of products from the land and
may make rules and regulations that may be necessary to carry out
the purposes of this section.
(c) All revenue derived from land now owned or later
acquired under the provisions of this section shall be segregated
by the board for use in the acquisition, management, development,
and use of the land until all obligations incurred have been paid in
full. Thereafter, net profits accruing from the administration of
the land shall be applicable for the purposes that the legislature
may prescribe.
(d) Obligations for the acquisition of land incurred by
the board under the authority of this section shall be paid solely
and exclusively from revenue derived from the land and shall not
impose any liability on the general credit and taxing power of the
state.
(e) The board may sell, exchange, or lease state forest
land under its jurisdiction when in its judgment it is advantageous
to the state to do so in the highest orderly development and
management of state forests. However, no sale or exchange of any
such land belonging to the state or the university shall be made
until the sale or exchange is authorized by the legislature. The
sale, lease or exchange shall not be contrary to the terms of any
contract into which it has entered.
Acts 1971, 62nd Leg., p. 3211, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.109. USE OF CERTAIN DEPARTMENT OF CORRECTIONS
LAND FOR REFORESTATION. The several tracts of land in Cherokee
County near Maydelle, consisting of approximately 2,150 acres,
owned by the Texas Department of Corrections, is set aside for
reforestation purposes to be used by Texas A & M University to
demonstrate reforestation work.
Acts 1971, 62nd Leg., p. 3211, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.110. PURCHASE OF LAND FOR SEEDLING NURSERY.
The board may acquire by purchase in the name of the State of Texas
for the use and benefit of the Texas Forest Service, and may
improve, a sufficient quantity of land suitable for the operation
of a forest tree seedling nursery in the reforestation program of
the Texas Forest Service and for the production of other forest
products. However, not more than 400 acres of land may be purchased
under this section; and the selling price of seedlings produced on
the land, as far as practical, shall represent the cost of
production plus at least 10 percent.
Acts 1971, 62nd Leg., p. 3211, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.1101. EXPIRED.
§ 88.111. FOREST LAND ACQUIRED BY STATE UNDER TAX
SALE. When pine forest land is sold to the state for the payment
of taxes, interest, penalty, and costs adjudged against the land,
as provided in Article 7328, Revised Civil Statutes of Texas, 1925,
as amended, and not redeemed or resold as provided in Article 7328,
the land shall be withdrawn from the market and shall be held,
protected, and administered by the board as state forest; and the
board may manage, use, and improve the pine forest land as fully and
to the same extent as in the case of other forest land held by it in
accordance with the law. Forest land, as used in this section,
includes all land on which is growing pine timber of any material
value and all cutover pine timberland which may reasonably be
expected to produce, by reason of natural or other methods of
reforestation, another growth of pine timber of any material value.
Acts 1971, 62nd Leg., p. 3211, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.112. SOUTH CENTRAL INTERSTATE FOREST FIRE
PROTECTION COMPACT. The South Central Interstate Forest Fire
Protection Compact has been ratified by the states of Texas,
Arkansas, Louisiana, Mississippi, and Oklahoma. The text of the
compact is set out in Section 88.116 of this code, and an
authenticated copy is on file in the office of the secretary of
state.
Acts 1971, 62nd Leg., p. 3212, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.113. COMPACT ADMINISTRATOR. The director of
the Texas Forest Service shall act as compact administrator for the
State of Texas and represent Texas in the South Central Interstate
Forest Fire Protection Compact.
Acts 1971, 62nd Leg., p. 3212, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.114. ADVISORY COMMITTEE. The advisory
committee referred to in Article III of the compact shall be
composed of four members selected as follows: One member shall be
named from the membership of the Senate of the State of Texas by the
Lieutenant Governor; one member shall be named from the membership
of the House of Representatives of the State of Texas by the
Speaker; and two members shall be appointed by the governor, one of
whom shall be selected from among the persons who comprise the board
of directors of The Texas A & M University System, and one of whom
shall be a person associated with forestry or a forest products
industry.
Acts 1971, 62nd Leg., p. 3212, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.115. LEGISLATIVE INTENT. It is the intent of
the Legislature of the State of Texas, in ratifying the South
Central Interstate Forest Fire Protection Compact, that this
compact is and shall be a joint program of the member states and
that representatives of the United States government shall
participate in compact meetings or in other activities under the
compact only in the manner and to the extent authorized by the
representatives of the member states, appointed pursuant to the
terms of this compact.
Acts 1971, 62nd Leg., p. 3212, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.116. TEXT OF COMPACT. The South Central
Interstate Forest Fire Protection Compact reads as follows:
SOUTH CENTRAL INTERSTATE FOREST FIRE PROTECTION COMPACT
ARTICLE I.
The purpose of this compact is to promote effective
prevention and control of forest fires in the South Central region
of the United States by the development of integrated forest fire
plans, by the maintenance of adequate forest fire fighting services
by the member States, by providing for mutual aid in fighting forest
fires among the compacting States of the region and with States
which are party to other Regional Forest Fire Protection compacts
or agreements, and for more adequate forest development.
ARTICLE II.
This compact shall become operative immediately as to those
States ratifying it whenever any two or more of the States of
Arkansas, Louisiana, Mississippi, Oklahoma, and Texas which are
contiguous have ratified it and Congress has given consent thereto.
Any State not mentioned in this article which is contiguous with any
member State may become a party to this compact, subject to approval
by the legislature of each of the member States.
ARTICLE III.
In each State, the State Forester or officer holding the
equivalent position who is responsible for forest fire control
shall act as compact administrator for that State and shall consult
with like officials of the other member States and shall implement
cooperation between such States in forest fire prevention and
control.
The compact administrators of the member States shall
organize to coordinate the services of the member States and
provide administrative integration in carrying out the purposes of
this compact.
There shall be established an advisory committee of
legislators, representatives of the Board of Directors of the Texas
Agricultural and Mechanical College System, and forestry or forest
products industries representatives, which shall meet from time to
time with the compact administrators. Each member State shall name
one member of the Senate and one member of the House of
Representatives, and the Governor of each member State shall
appoint one representative who shall be associated with forestry or
forest products industries, and a member of the Board of Directors
of the Texas Agricultural and Mechanical College System, to
comprise the membership of the advisory committee. Action shall be
taken by a majority of the compacting States, and each State shall
be entitled to one vote.
The compact administrators shall formulate and, in
accordance with need, from time to time, revise a regional forest
fire plan for the member States.
It shall be the duty of each member State to formulate and put
in effect a forest fire plan for that State and take such measures
as may be necessary to integrate such forest fire plan with the
regional forest fire plan formulated by the compact administrators.
ARTICLE IV.
Whenever the State forest fire control agency of a member
State requests aid from the State forest fire control agency of any
other member State in combating, controlling or preventing forest
fires, it shall be the duty of the State forest fire control agency
of that State to render all possible aid to the requesting agency
which is consonant with the maintenance of protection at home.
ARTICLE V.
Whenever the forces of any member State are rendering outside
aid pursuant to the request of another member State under this
compact, the employees of such State shall, under the direction of
the officers of the State to which they are rendering aid, have the
same powers (except the power of arrest), duties, rights,
privileges and immunities as comparable employees of the State to
which they are rendering aid.
No member State or its officers or employees rendering
outside aid pursuant to this compact shall be liable on account of
any act or omission on the part of such forces while so engaged, or
on account of the maintenance or use of any equipment or supplies in
connection therewith; provided, that nothing herein shall be
construed as relieving any person from liability for his own
negligent act or omission, or as imposing liability for such
negligent act or omission upon any State.
All liability, except as otherwise provided herein, that may
arise either under the laws of the requesting State or under the
laws of the aiding State or under the laws of a third State on
account of or in connection with a request for aid, shall be assumed
and borne by the requesting State.
Any member State rendering outside aid pursuant to this
compact shall be reimbursed by the member State receiving such aid
for any loss or damage to, or expense incurred in the operation of
any equipment answering a request for aid, and for the cost of all
materials, transportation, wages, salaries and maintenance of
employees and equipment incurred in connection with such request;
provided, that nothing herein contained shall prevent any assisting
member State from assuming such loss, damage, expense or other cost
or from loaning such equipment or from donating such service to the
receiving member State without charge or cost.
Each member State shall provide for the payment of
compensation and death benefits to injured employees and the
representatives of deceased employees in case employees sustain
injuries or are killed while rendering outside aid pursuant to this
compact, in the same manner and on the same terms as if the injury or
death were sustained within such State.
For the purposes of this compact the term "employee" shall
include any volunteer or auxiliary legally included within the
forest fire fighting forces of the aiding State under the laws
thereof.
The compact administrators shall formulate procedures for
claims and reimbursement under the provisions of this article, in
accordance with the laws of the member States.
ARTICLE VI.
Ratification of this compact shall not be construed to affect
any existing statute so as to authorize or permit curtailment or
diminution of the forest fire fighting forces, equipment, services
or facilities of any member State.
Nothing in this compact shall be construed to limit or
restrict the powers of any State ratifying the same to provide for
the prevention, control and extinguishment of forest fires, or to
prohibit the enactment or enforcement of State laws, rules or
regulations intended to aid in such prevention, control and
extinguishment in such State.
Nothing in this compact shall be construed to affect any
existing or future cooperative relationship or arrangement between
the United States Forest Service and a member State or States.
ARTICLE VII.
The compact administrators may request the United States
Forest Service to act as the primary research and coordinating
agency of the South Central Interstate Forest Fire Protection
Compact in cooperation with the appropriate agencies in each State,
and the United States Forest Service may accept the initial
responsibility in preparing and presenting to the compact
administrators its recommendations with respect to the regional
fire plan. Representatives of the United States Forest Service may
attend meetings of the compact administrators.
ARTICLE VIII.
The provisions of Articles IV and V of this compact which
relate to mutual aid in combating, controlling or preventing forest
fires shall be operative as between any State party to this compact
and any other State which is party to a regional forest fire
protection compact in another region; provided, that the
Legislature of such other State shall have given its assent to such
mutual aid provisions of this compact.
ARTICLE IX.
This compact shall continue in force and remain binding on
each State ratifying it until the legislature or the Governor of
such State takes action to withdraw therefrom. Such action shall
not be effective until six months after notice thereof has been sent
by the chief executive of the State desiring to withdraw to the
chief executives of all States then parties to the compact.
Acts 1971, 62nd Leg., p. 3213, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.117. STATEWIDE FIRE CONTINGENCY ACCOUNT.
(a) The statewide fire contingency account is established as
an account in the general revenue fund.
(b) The governor, the board, and the director may accept
gifts and grants, including federal grants, and other federal
assistance for deposit into the account. This program will be
funded through private gifts, grants, or assistance.
(c) Money in the account may be used only to:
(1) develop and deploy fire overhead management
teams;
(2) pay the direct costs of using Texas Forest
Service equipment and personnel to support local fire-fighting
forces in the suppression of fires during wildfire emergencies or
threatened wildfire emergencies;
(3) pay the direct costs of local fire-fighting
forces that are mobilized to respond to wildfire emergencies or
threatened wildfire emergencies in aid of another fire-fighting
force;
(4) pay for any expenses incurred by the Texas
Forest Service, or otherwise by the state, when fires are combatted
under the South Central Interstate Forest Fire Prevention Compact
or with the assistance of the federal forest service; and
(5) pay for any other expenses that the director is
required to pay from this account under federal law.
(d) Money in the account may not be used or transferred
from the account except for the purposes prescribed by Subsection
(c) of this section or as required by Subsection (e) of this
section.
(e) Any unobligated amount over $1,000,000 remaining in
the account on August 31 of each year shall be transferred into the
undedicated portion of the general revenue fund except as
prohibited by other law.
Added by Acts 1993, 73rd Leg., ch. 209, § 2, eff. May 19, 1993.
§ 88.118. STATEWIDE FIRE COORDINATION CENTER.
(a) The director shall establish a statewide fire coordination
center.
(b) The center shall provide continuous dispatching
services for wildland fire control in the six Texas Forest Service
dispatch areas in eastern Texas.
(c) The center shall provide a central location for
statewide:
(1) wildfire monitoring;
(2) coordination of the response to each major or
potentially major wildland fire in the state, including fires in
places where urban areas and rural areas meet, with the
coordination function including a direct liaison with the state
emergency operating center; and
(3) assistance to fire-fighting forces in obtaining
the transfer of needed and available resources.
Added by Acts 1993, 73rd Leg., ch. 209, § 2, eff. May 19, 1993.
§ 88.119. REGIONAL WILDFIRE COORDINATORS. (a)
The director shall divide the state into six wildfire control
regions to coordinate fire control in rural areas and in places
where rural areas and urban areas meet. The boundaries of the
regions must be the same as existing Department of Public Safety
regions that include state disaster district boundaries to the
extent that the director determines that the same boundaries are
practical.
(b) The director shall employ and assign a regional
wildfire coordinator to each fire control region.
(c) Each regional wildfire coordinator shall, with
respect to the coordinator's region:
(1) train, prepare, and coordinate fire fighters to
respond to wildfire incidents locally, regionally, and statewide;
(2) inform the statewide coordination center of
regional wildfire loads and of additional resources that may be
required to handle a fire load;
(3) communicate as necessary with appropriate
federal officials;
(4) assist and promote the development of mutual
aid agreements among fire-fighting forces;
(5) develop wildfire strike teams and overhead
strike teams;
(6) coordinate and assess the need for wildland
fire training;
(7) coordinate the rural community fire protection
program;
(8) coordinate response activities through the
appropriate state disaster district; and
(9) evaluate and acquire excess federal equipment
and other property for use in the region.
(d) The director shall acquire and assign to each
wildfire control region a regional command post that has the
capability to assist in the management of wildland fires and other
disasters, including disasters not related to fire. The director
and the director's designees shall determine when the regional
command post may be used by personnel under the control of the
director and when the regional command post may be used by local
fire-fighting forces or other emergency response personnel. Each
regional command post shall include mobile communications
equipment, including a radio repeater and a supply of other
necessary radio equipment.
Added by Acts 1993, 73rd Leg., ch. 209, § 2, eff. May 19, 1993.
§ 88.120. WILDFIRE TRAINING. The Texas Forest
Service is the lead agency of the state for providing and
coordinating training in fighting wildland and forest fires.
Added by Acts 1993, 73rd Leg., ch. 209, § 2, eff. May 19, 1993.
SUBCHAPTER C. THE TEXAS AGRICULTURAL EXPERIMENT STATION
§ 88.201. PURPOSES. There shall be established,
at places in the state the board of directors deems proper,
experiment stations for the purpose of making experiments and
conducting investigations in the planting and growing of
agricultural and horticultural crops and soils, and the breeding,
feeding and fattening of livestock for slaughter.
Acts 1971, 62nd Leg., p. 3215, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.202. MAIN STATE EXPERIMENT STATION. The
experiment station located at College Station, which is in part
supported by the federal government, shall remain there as a
permanent institution. It shall be known as the Main State
Experiment Station and shall be under the supervision of the board
of directors. The board may accept from the federal government any
aid in its support that may be provided by Congress.
Acts 1971, 62nd Leg., p. 3216, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.203. SUBSTATIONS. (a) The board may:
(1) establish experiment substations at places in
this state it deems proper;
(2) abandon or discontinue any substation which may
become undesirable for experiment purposes, and if deemed necessary
establish others in their stead at places it deems advisable; and
(3) sell any land or other state property used in
the operation of an experiment station when abandoned and apply the
proceeds of the sale to the purchase of other land and property for
the establishment of experiment stations.
(b) The board shall exercise a general supervision and
direction over substations established under this subchapter.
Acts 1971, 62nd Leg., p. 3216, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.204. SALE OF STATIONS. If property used in
the operation of a station is sold, the title to the property shall
not pass from this state until a deed of conveyance is made to the
purchaser, duly signed by the governor and attested by the
secretary of state under the state seal. All funds received from
the sale of station lands or property shall be deposited in the
state treasury and shall be paid out in accordance with the
provisions of this subchapter.
Acts 1971, 62nd Leg., p. 3216, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1993, 73rd Leg., ch. 300, § 29, eff.
Aug. 30, 1993.
§ 88.205. SALE OF CROPS. Proceeds from the sale,
barter, or exchange of crops raised on any experiment station shall
be applied to defray the expenses of operating the station.
Acts 1971, 62nd Leg., p. 3216, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.206. DONATIONS; LEASES. (a) The board
may accept and receive donations of money and property when given to
be used in connection with any experiment work authorized by this
subchapter.
(b) In the location of any experiment station, the board
may take into consideration and receive any donation of money,
land, or other property to be used in the operation, equipment, or
management of the station; and for experiment work may lease any
land that in its judgment may be necessary for any of the purposes
named in this subchapter.
Acts 1971, 62nd Leg., p. 3216, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.207. EXPENSES; PER DIEM. The necessary
traveling expenses of the members of the board and those of the
director and his assistants shall be paid out of the funds
appropriated by this state for the maintenance and support of the
experiment stations. In addition to actual traveling expenses,
each member of the board, when traveling on the official business of
the stations, shall be paid $5 per day while actually engaged in the
discharge of his duties.
Acts 1971, 62nd Leg., p. 3216, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.208. INSPECTIONS. The board shall visit the
stations once a year and shall make criticisms to the director and
his assistants that it deems expedient and necessary.
Acts 1971, 62nd Leg., p. 3217, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.209. DIRECTOR. (a) The main station and
the substations are under the supervision, control, management, and
direction of the director of the Texas Agricultural Experiment
Station at College Station. The director shall reside at College
Station.
(b) The board may pay a part of the director's salary from
money appropriated by the Legislature for the maintenance and
support of the experiment stations in the proportion that in its
judgment is just and proper, taking into consideration the division
of his time between the main station and the substations and the sum
appropriated for the purpose by the federal government.
(c) The director may employ the assistants and labor and
may purchase the livestock, farming implements, tools, seed, and
other materials and supplies that he deems necessary for the
successful management of any or all of the experiment stations,
subject to the approval of the board.
Acts 1971, 62nd Leg., p. 3217, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.210. REPORTS. On the first day of each month,
the director shall make a complete report to the board showing
receipts and disbursements, the source of the receipts, and for
what purpose they were disbursed; and on or before January 1, of
each year, he shall make a full and detailed report to the board of
the operation of the stations, including a statement of receipts
and expenditures for the entire year. The annual report shall be
transmitted to the governor with any additional report that the
board deems proper.
Acts 1971, 62nd Leg., p. 3217, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.211. BULLETIN. The director shall
periodically issue and circulate among the farmers and livestock
raisers of Texas printed bulletins showing the results of the
experiments and the results accomplished and the progress made in
the improvement of the agricultural and livestock interests of this
state. The bulletins shall be mailed to all persons who desire
them. The director shall invite the cooperation of persons engaged
in those industries and shall give them advice when requested with
reference to the management and cultivation of their farms and the
care, management, and feeding of their stock.
Acts 1971, 62nd Leg., p. 3217, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.212. DISBURSEMENTS. Before warrants are
issued by the comptroller in payment of state experiment station
accounts, vouchers covering them shall be audited and signed by the
director or an assistant designated by him, in writing, for that
purpose, and also by a member of the board.
Acts 1971, 62nd Leg., p. 3217, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 88.213. AGRICULTURAL RESEARCH PRODUCTS. The
board of regents of The Texas A & M University System shall generate
revenues through agreements establishing equitable interests,
royalties, and patent rights relating to releases of agricultural
research products by the Texas agricultural experiment station when
economically feasible.
Added by Acts 1985, 69th Leg., ch. 239, § 69, eff. Sept. 1, 1985.
§ 88.215. FIRE ANT RESEARCH AND MANAGEMENT ACCOUNT
ADVISORY COMMITTEE; OTHER AGENCIES. (a) The Fire Ant
Research and Management Account Advisory Committee is established
as an advisory committee within the Texas Agricultural Experiment
Station.
(b) The advisory committee consists of 12 members
appointed as follows:
(1) one representative of Texas A & M University
appointed by the director of the Texas Agricultural Experiment
Station;
(2) one representative of Texas Tech University
appointed by the dean of the College of Agriculture of Texas Tech
University;
(3) one representative of The University of Texas
appointed by the vice president for research of The University of
Texas System;
(4) one representative of the Department of
Agriculture appointed by the commissioner of agriculture;
(5) one representative of the Parks and Wildlife
Department appointed by the director of the department;
(6) one representative of the Public Utility
Commission of Texas appointed by the executive director of the
commission;
(7) one representative of municipal governments
appointed by the governor;
(8) one representative of the general public
appointed by the governor;
(9) one representative of the agribusiness industry
appointed by the governor;
(10) one representative of the Texas Structural
Pest Control Board appointed by the executive director of the
board;
(11) one representative of the chemical industry
appointed by the Texas Chemical Council; and
(12) one representative of the oil and gas industry
appointed by the Texas Mid-Continent Oil and Gas Association.
(c) The members of the committee serve staggered two-year
terms, with the terms of the members described by Subsections
(b)(1)-(5) expiring on February 1 of each odd-numbered year and the
terms of the other members expiring on February 1 of each
even-numbered year. A member may serve more than one term.
(d) The members of the advisory committee shall elect a
member of the committee to serve as presiding officer for a term of
two years.
(e) The advisory committee shall meet not less than two
times each year.
(f) The advisory committee may adopt rules for the
advisory committee's internal procedures.
(g) The administrative expenses of the advisory
committee may not exceed 20 percent of the total amount of funds
available for expenditure by the advisory committee.
(h) Members of the advisory committee are not entitled to
compensation for service on the advisory committee. A member of the
advisory committee who represents a university or state agency may
receive reimbursement for travel expenses from the university or
agency the member represents. A member of the advisory committee
who does not represent a university or state agency shall pay the
member's own expenses.
(i) The advisory committee shall:
(1) advise, assist, and direct the Texas
Agricultural Experiment Station in conducting fire ant research;
(2) encourage communication with other states that
are infested with fire ants; and
(3) establish a framework for more efficient
management of fire ant infestation problems.
(j) The Texas Agricultural Experiment Station shall:
(1) administer the fire ant basic research program
under Section 77.022, Agriculture Code;
(2) solicit, distribute, and create competitive
grant and other funding programs for fire ant research;
(3) engage in activities necessary to maximize
funding received from the federal government for management of fire
ants and research regarding fire ants; and
(4) with the advice of the advisory committee, plan
a program of research regarding fire ants.
(k) The Texas Agricultural Extension Service shall:
(1) provide educational programs regarding fire ant
infestation and treatment; and
(2) conduct public awareness programs regarding
fire ant infestation and treatment through the use of the media,
publications, demonstrations, and other means of public education.
Added by Acts 1995, 74th Leg., ch. 218, § 1, eff. May 23, 1995.
§ 88.216. AGRICULTURE AND WILDLIFE RESEARCH AND
MANAGEMENT ADVISORY COMMITTEE; OTHER AGENCIES. (a) The
Agriculture and Wildlife Research and Management Advisory
Committee is an advisory committee of the Texas Agricultural
Experiment Station and is composed of:
(1) one representative of the Texas Agricultural
Experiment Station, appointed by the director of the Texas
Agricultural Experiment Station;
(2) one representative of the Texas Agricultural
Extension Service, appointed by the director of the Texas
Agricultural Extension Service;
(3) one representative of Texas Tech University,
appointed by the dean of the College of Agriculture of Texas Tech
University;
(4) one representative of The University of Texas
at Austin, appointed by the vice president for research of The
University of Texas System;
(5) one representative of the Department of
Agriculture, appointed by the commissioner of agriculture;
(6) one representative of the Parks and Wildlife
Department, appointed by the director of the department;
(7) one representative of the Texas Water
Development Board, appointed by the executive director of the
board;
(8) one representative of county government,
appointed by the governor;
(9) one representative of the general public,
appointed by the governor;
(10) one representative of the agribusiness
industry, appointed by the governor;
(11) one representative of environmental
interests, appointed by the governor;
(12) one representative of wildlife interests,
appointed by the governor; and
(13) one representative of the Texas rice industry,
appointed by the governor.
(b) The members of the committee serve staggered two-year
terms, with the terms of the members appointed under Subsections
(a)(1)-(6) expiring on February 1 of each odd-numbered year and the
terms of the remaining members expiring on February 1 of each
even-numbered year.
(c) The members of the committee shall select a presiding
officer who shall serve for a term of two years.
(d) The advisory committee shall meet not less than two
times each year.
(e) The administrative expenses of the advisory
committee may not exceed 20 percent of the total amount of funds
available for expenditure by the advisory committee.
(f) Members of the advisory committee are not entitled to
compensation for service on the advisory committee or reimbursement
for travel expenses, except that a member who represents a
university or state agency may receive any reimbursement for travel
expenses to which the member is otherwise entitled from the
university or agency.
(g) The advisory committee shall:
(1) assist the Texas Agricultural Experiment
Station in conducting agriculture and wildlife research;
(2) encourage communication with states that are
interested in agriculture, wildlife, and water issues; and
(3) establish a plan for more efficient management
of water resources related to wildlife habitats and agriculture
production in the Gulf Coast Region.
(h) The Texas Agricultural Experiment Station shall:
(1) administer an agriculture and wildlife research
program;
(2) solicit grants and create funding programs for
agriculture and wildlife research;
(3) engage in activities designed to maximize
funding from the federal government for agriculture and wildlife
research and management; and
(4) with the advice of the advisory committee, plan
a program of research regarding agriculture production and its
relationship with water use and wildlife habitats.
(i) The Texas Agricultural Extension Service shall:
(1) provide educational programs relating to
agriculture production, water use, and wildlife habitats; and
(2) conduct public awareness programs relating to
the interaction of agriculture production, water use, and wildlife
habitats through the use of mass communications media,
publications, demonstrations, and other means of public education.
Added by Acts 1999, 76th Leg., ch. 1074, § 1, eff. June 18, 1999.
SUBCHAPTER D. TEXAS TASK FORCE 1
§ 88.301. DEFINITIONS. In this subchapter:
(1) "Local government employee member" means a
member employed by a local government as defined by Section
102.001, Civil Practice and Remedies Code.
(2) "Member" means an individual, other than an
employee of The Texas A&M University System, who has been
officially designated as a member of Texas Task Force 1.
(3) "Nongovernment member" means a member who is
not a state employee member, a local government employee member, or
an employee of The Texas A&M University System.
(4) "State employee member" means a member employed
by an agency of the state other than a component of The Texas A&M
University System.
Added by Acts 2003, 78th Leg., ch. 644, § 1, eff. June 20, 2003.
§ 88.302. TEXAS TASK FORCE 1. Texas Task Force 1
is a program of the Texas Engineering Extension Service providing
training and responding to assist in search, rescue, and recovery
efforts following natural or man-made disasters.
Added by Acts 2003, 78th Leg., ch. 644, § 1, eff. June 20, 2003.
§ 88.303. WORKERS' COMPENSATION INSURANCE COVERAGE.
(a) Notwithstanding any other law, during any period in which
Texas Task Force 1 is activated by the governor's division of
emergency management, or during any training session sponsored or
sanctioned by Texas Task Force 1, a participating nongovernment
member or local government employee member is included in the
coverage provided under Chapter 501, Labor Code, in the same manner
as an employee, as defined by Section 501.001, Labor Code.
(b) Service with Texas Task Force 1 by a state employee
member who is activated is considered to be in the course and scope
of the employee's regular employment with the state.
(c) Service with Texas Task Force 1 by an employee of The
Texas A&M University System is considered to be in the course and
scope of the employee's regular employment with The Texas A&M
University System.
(d) Notwithstanding Section 412.0123, Labor Code, as
added by Chapter 1098, Acts of the 75th Legislature, Regular
Session, 1997, the governor's division of emergency management
shall reimburse the State Office of Risk Management for the actual
medical and indemnity benefits paid on behalf of a covered member of
Texas Task Force 1 at the beginning of the next state fiscal year
occurring after the date the benefits are paid.
Added by Acts 2003, 78th Leg., ch. 644, § 1, eff. June 20, 2003.
SUBCHAPTER E. TEXAS ENGINEERING EXPERIMENT STATION
§ 88.500. ESTABLISHMENT. The Texas Engineering
Experiment Station is a part of The Texas A&M University System
under the management and control of the board of regents of The
Texas A&M University System.
Added by Acts 1989, 71st Leg., ch. 204, § 1, eff. Aug. 28, 1989.
§ 88.501. PURPOSE. (a) The Texas Engineering
Experiment Station serves as a state-supported engineering
research and development agency.
(b) It is the purpose of the agency to foster innovations
in research, education, and technology that support and aid the
business and industrial communities and enhance the economic
development of the state and nation.
(c) In order to carry out its purposes, the agency may
enter into contracts and agreements with other entities.
Added by Acts 1989, 71st Leg., ch. 204, § 1, eff. Aug. 28, 1989.
§ 88.502. ACCEPTANCE OF FUNDS. In addition to any
other authority which it may possess, the board of regents is
authorized to accept funds from both public and private sources, in
addition to any amounts which shall be appropriated by the
legislature for the use of any program or division of the agency.
Added by Acts 1989, 71st Leg., ch. 204, § 1, eff. Aug. 28, 1989.
SUBCHAPTER F. EQUINE RESEARCH
§ 88.521. DEFINITIONS. In this subchapter:
(1) "Advisory committee" means the Equine Research
Account Advisory Committee.
(2) "Director" means the executive director of the
Texas Agricultural Experiment Station.
(3) "Institution of higher education" has the
meaning assigned by Section 61.003 of this code.
Added by Acts 1991, 72nd Leg., ch. 386, § 73, eff. Aug. 26, 1991.
§ 88.522. ACCOUNT. (a) A special account
known as the equine research account is created in the general
revenue fund. Money in the account may be used only for the
purposes described in this subchapter.
(b) The director shall administer the account through
established procedures of the Texas Agricultural Experiment
Station.
(c) The comptroller shall periodically transfer the
amounts specified by Section 6.08(f), Texas Racing Act (Article
179e, Vernon's Texas Civil Statutes), to the account.
(d) The director may accept gifts and grants for deposit
into the account.
(e) The transactions of the director with respect to the
account are subject to audit by the state auditor in accordance with
Chapter 321, Government Code.
(f) Not more than 10 percent of the account may be spent
each year on the cost incurred in the operation or administration of
the advisory committee or account.
(g) All money received by the advisory committee or the
account under this chapter is subject to Subchapter F, Chapter 404,
Government Code.
(h) Sections 403.094 and 403.095, Government Code, do not
apply to the account.
Added by Acts 1991, 72nd Leg., ch. 386, § 73, eff. Aug. 26, 1991.
Amended by Acts 1995, 74th Leg., ch. 110, § 1, eff. Sept. 1,
1995.
§ 88.523. ADVISORY COMMITTEE. (a) The Equine
Research Account Advisory Committee is created to advise and assist
the director in administering the account and making grants as
provided by Section 88.525.
(b) The advisory committee is composed of 11 members
appointed by the director as follows:
(1) two members must be members of the Institute for
Equine Science and Technology of The Texas A&M University System
and of the faculty of the College of Agriculture and Life Sciences,
Texas A&M University, selected after consultation with the dean of
the college;
(2) two members must be members of the Institute for
Equine Science and Technology of The Texas A&M University System
and of the faculty of the College of Veterinary Medicine, Texas A&M
University, selected after consultation with the dean of the
college;
(3) two members must be affiliated with research
organizations that have equine research capabilities; and
(4) five members must be residents of this state who
have a demonstrated interest in the horse racing and breeding
industries in this state, with one selected from a list of names
submitted by each of the following:
(A) the Texas Thoroughbred Breeders
Association;
(B) the Texas Quarter Horse Association;
(C) the Texas Paint Horse Breeders
Association;
(D) the Texas Appaloosa Horse Club; and
(E) the Texas Arabian Breeders Association.
(c) Advisory committee members hold office for two-year
terms. Five members' terms expire February 1 of each odd-numbered
year, and six members' terms expire February 1 of each
even-numbered year. In the event of a vacancy during a term, the
director shall appoint a replacement who meets the qualifications
of the vacated office to fill the unexpired term.
(d) The advisory committee may adopt rules necessary for
its own procedures. The advisory committee members shall select
one member to serve as presiding officer. The presiding officer is
entitled to vote on all matters before the advisory committee.
(e) Appointments to the advisory committee shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointees.
(f) In making appointments to the advisory committee, the
director shall attempt to reflect the minority groups found in the
state's general population.
Added by Acts 1991, 72nd Leg., ch. 386, § 73, eff. Aug. 26, 1991.
Amended by Acts 1995, 74th Leg., ch. 110, § 2, eff. Sept. 1,
1995.
§ 88.5231. STANDARDS OF CONDUCT; PROHIBITED
CONDUCT. (a) The director or the director's designee shall
provide members of the advisory committee, as often as necessary,
information regarding their qualifications for office under this
chapter and their responsibilities under applicable laws relating
to the standards of conduct for state officers or employees.
(b) A member of the advisory committee may not
participate in any manner in the annual evaluation, review,
approval, or discussion of any grant proposal submitted under
Section 88.525 if the member has submitted a request for a grant
during the same annual evaluation.
(c) A person may not serve as a member of the advisory
committee or act as the general counsel to the advisory committee if
the person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of
the advisory committee.
Added by Acts 1995, 74th Leg., ch. 110, § 3, eff. Sept. 1, 1995.
§ 88.5232. REMOVAL FROM COMMITTEE. (a) It is
a ground for removal from the advisory committee if the member:
(1) does not have at the time of appointment the
qualifications required by Section 88.523;
(2) does not maintain during service on the
advisory committee the qualifications required by Section 88.523;
(3) violates a prohibition established by Section
88.5231(c);
(4) cannot because of illness or disability
discharge the member's duties for a substantial part of the term for
which the member is appointed; or
(5) is absent from more than half of the regularly
scheduled advisory committee meetings that the member is eligible
to attend during a calendar year unless the absence is excused by
majority vote of the advisory committee.
(b) The validity of an action of the advisory committee
is not affected by the fact that it is taken when a ground for
removal of an advisory committee member exists.
(c) If the director has knowledge that a potential ground
for removal exists, the director shall notify the presiding officer
of the advisory committee of the potential ground. If the potential
ground for removal involves the presiding officer, the director
shall notify the next highest officer of the advisory committee.
Added by Acts 1995, 74th Leg., ch. 110, § 3, eff. Sept. 1, 1995.
§ 88.524. OPEN MEETINGS LAW; ADMINISTRATIVE
PROCEDURE LAW; SUNSET ACT. (a) The advisory committee is
subject to the open meetings law, Chapter 551, Government Code, and
the administrative procedure law, Chapter 2001, Government Code.
(b) The Equine Research Account Advisory Committee is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the advisory
committee is abolished and this subchapter expires September 1,
2009.
Added by Acts 1991, 72nd Leg., ch. 386, § 73, eff. Aug. 26, 1991.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 2.23, eff.
Nov. 12, 1991; Acts 1995, 74th Leg., ch. 76, § 5.95(49), (82),
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 110, § 4, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1169, § 3.01, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1112, § 3.01, eff.
Sept. 1, 2003.
§ 88.5245. PUBLIC ACCESS. The advisory committee
shall develop and implement policies that provide the public with a
reasonable opportunity to appear before the advisory committee and
to speak on any issue under its authority.
Added by Acts 1995, 74th Leg., ch. 110, § 5, eff. Sept. 1, 1995.
§ 88.525. GRANTS. (a) To be eligible for a
grant under this subchapter, the applicant must be affiliated with
an institution of higher education.
(b) With the advice of the advisory committee, the
director shall develop annually a request for proposals for equine
research grants. Each proposal received must be evaluated by a peer
review committee appointed by the director. The peer review
committee shall consider the applicant's research capacity and the
relevance and scientific merit of the proposal.
(c) Before awarding any grants, the director shall
consult with the advisory committee.
(d) A person shall use a grant awarded under this
subchapter to defray the direct costs of the approved research
project.
(e) A person may not use a grant awarded under this
subchapter to:
(1) replace funds that the applicant would have
otherwise received from another source; or
(2) defray operating costs of an institution of
higher education that are the institution's prior responsibility.
Added by Acts 1991, 72nd Leg., ch. 386, § 73, eff. Aug. 26, 1991.
§ 88.526. REPORTING. (a) The director shall
prepare an annual report on equine research funded under this
subchapter. The director shall distribute the report to the Texas
Racing Commission and the members of the advisory committee. The
director shall make copies of the report available to interested
parties.
(b) The director may prepare and distribute other
publications regarding equine research as the director finds
appropriate.
(c) The director shall, at least annually, consult with
the Texas Racing Commission on the use of the account and the impact
of equine research funded by the account.
Added by Acts 1991, 72nd Leg., ch. 386, § 73, eff. Aug. 26, 1991.
Amended by Acts 1995, 74th Leg., ch. 110, § 6, eff. Sept. 1,
1995.
§ 88.527. CONFERENCE. The Texas Agricultural
Extension Service shall conduct an annual conference on equine
research. Money from the equine research account shall be used to
defray the costs of the conference. The conference must be designed
to bring to the attention of the Texas horse racing industry the
latest research results and technological developments in equine
research.
Added by Acts 1991, 72nd Leg., ch. 386, § 73, eff. Aug. 26, 1991.
SUBCHAPTER G. TEXAS CENTER FOR ADULT LITERACY AND LEARNING
§ 88.541. DUTIES OF TEXAS CENTER FOR ADULT LITERACY
AND LEARNING. (a) The Texas Center for Adult Literacy and
Learning shall evaluate instructional videotapes or similar
recorded materials generally available for use in providing adult
literacy instruction and from time to time shall publish a guide
describing and evaluating those videotapes and materials. The
center shall encourage cable companies and other appropriate
entities to use the guide in selecting materials to use in
broadcasting and may take other action to promote the broadcast or
dissemination of workbooks and other materials the center considers
effective in teaching adult literacy.
(b) The center shall develop voluntary standards for the
curriculum and workbooks and other materials used in adult literacy
programs, including programs for teaching English as a second
language. To develop the standards, the center shall organize an
advisory group and shall encourage the participation of major
providers of adult literacy programs in this state, including
private nonprofit organizations, institutions of education, and
correctional facilities. The Texas Department of Criminal Justice
shall designate an employee of the department to participate in the
initial development of the standards.
(c) In connection with the standards developed under
Subsection (b), the center shall develop workbooks and other
materials to be used by teachers and students in adult literacy
programs to track the progress of the student and to allow the
student to understand and maintain a record of the student's
progress and proficiency.
(d) The center shall develop and update as necessary
informational brochures, promotional posters, workbooks, or
similar materials suitable for distribution to state employees or
the general public describing the need for adult literacy and
education services in this state and encouraging qualified persons
to support or volunteer to assist programs that provide those
services. As the center determines is appropriate, the center may
provide samples of those workbooks and other materials to the
governing boards or chief executive officers of state agencies,
including institutions of higher education, and to other employers
and institutions in this state and shall encourage those entities
to distribute or make available the workbooks and other materials
to their employees.
Added by Acts 1995, 74th Leg., ch. 655, § 7.03, eff. Sept. 1,
1995.
SUBCHAPTER H. CENTER FOR PORTS AND WATERWAYS
§ 88.601. DEFINITIONS. In this subchapter:
(1) "Center" means the Center for Ports and
Waterways.
(2) "Consortium" means Lamar University, Texas A&M
University-Corpus Christi, Texas A&M University at Galveston, The
University of Texas at Brownsville, Texas A&M University, Texas
Transportation Institute, and the Center for Transportation
Research at The University of Texas at Austin.
(3) "Director" means the director of the Center for
Ports and Waterways.
Added by Acts 1995, 74th Leg., ch. 292, § 1, eff. Aug. 28, 1995.
§ 88.602. ESTABLISHMENT. The Center for Ports and
Waterways is established as a component of the Texas Transportation
Institute, a component of The Texas A&M University System. The
operating budget, staffing, and activities of the center shall be
approved by the board of regents of The Texas A&M University System.
Added by Acts 1995, 74th Leg., ch. 292, § 1, eff. Aug. 28, 1995.
§ 88.603. PURPOSE. The center shall carry out a
program of research, education, and technology transfer to support
the state's role in the inland waterway and port system in Texas.
Added by Acts 1995, 74th Leg., ch. 292, § 1, eff. Aug. 28, 1995.
§ 88.604. PROGRAM. The program of the center
shall be authorized to include:
(1) the development and testing of new marine and
maritime technologies and supporting their implementation;
(2) aiding transportation planners to better
prepare for future inland and coastal waterway transportation
needs;
(3) studying complex policy issues and assisting
the state in defining roles of marine and intermodal transportation
for sustainable development;
(4) conducting research and studies that foster
productivity and competitiveness in the maritime/marine industry;
(5) fostering public awareness of the importance of
ports and waterways to the economy of Texas;
(6) transferring knowledge and technology to
industry, state and local governments, and the public;
(7) establishing programs and partnerships with
public or private entities to develop and implement new policies,
technology, strategies, relationships, and sources of funding;
(8) studying environmental conflicts, complements,
and risks associated with water transportation; and
(9) other services consistent with the purpose of
the program.
Added by Acts 1995, 74th Leg., ch. 292, § 1, eff. Aug. 28, 1995.
§ 88.605. DIRECTOR. The center is under the
supervision and direction of the director and shall be operated and
managed as a joint program between the consortium. The director of
the center is under the supervision and direction of the Director of
the Texas Transportation Institute.
Added by Acts 1995, 74th Leg., ch. 292, § 1, eff. Aug. 28, 1995.
§ 88.606. STEERING COMMITTEE. (a) The
steering committee is appointed by the Director of the Texas
Transportation Institute and shall include a representative of each
member of the consortium and others. The president or the director
of each consortium member shall recommend an individual to serve as
a member of the steering committee.
(b) The steering committee is established to advise and
make recommendations to the director on the operations and
activities of the center.
Added by Acts 1995, 74th Leg., ch. 292, § 1, eff. Aug. 28, 1995.
§ 88.607. MARITIME/MARINE INDUSTRY COUNCIL. (a)
The Maritime/Marine Industry Council is composed of at least nine
persons appointed by the Director of the Texas Transportation
Institute with at least the following representation:
(1) one member shall be the President of the Texas
Waterway Operators or the president's designated representative;
(2) one member shall be the President of the Texas
Ports Association or the president's designated representative;
(3) four members shall be representatives from
Texas ports to be selected by the membership of the Texas Ports
Association;
(4) three members shall be representatives from the
barge industry;
(5) the director of the center shall be an ex
officio member;
(6) a representative from the Texas Department of
Transportation designated by the Texas Department of
Transportation shall be an ex officio member; and
(7) two registered professional engineers having
relevant marine experience shall be ex officio members.
(b) The Maritime/Marine Industry Council shall make
program priority recommendations to the director and serve as a
resource group for the center.
Added by Acts 1995, 74th Leg., ch. 292, § 1, eff. Aug. 28, 1995.
§ 88.608. FUNDING. The center is authorized to
receive state appropriated funds as deemed appropriate by the
legislature.
Added by Acts 1995, 74th Leg., ch. 292, § 1, eff. Aug. 28, 1995.
§ 88.609. GIFTS AND GRANTS. The center shall seek
and may receive gifts and grants from federal sources, foundations,
individuals, and other sources for the benefit of the center.
Added by Acts 1995, 74th Leg., ch. 292, § 1, eff. Aug. 28, 1995.
§ 88.610. CONTRACTS. The center is authorized to
enter into interagency contracts and agreements and to contract
with local, state, county, federal, and private sources for work
under the center's programs.
Added by Acts 1995, 74th Leg., ch. 292, § 1, eff. Aug. 28, 1995.
SUBCHAPTER I. RURAL VETERINARIAN INCENTIVE PROGRAM
§ 88.621. DEFINITIONS. In this subchapter:
(1) "College" means The Texas A&M University
College of Veterinary Medicine.
(2) "Committee" means the rural veterinarian
incentive program committee.
(3) "Eligible participant" means a person eligible
to participate in the program under Section 88.624.
(4) "Fund" means the rural veterinarian incentive
fund.
(5) "Program" means the rural veterinarian
incentive program established by this subchapter.
(6) "Rural county" means a county with a population
of less than 50,000.
(7) "University" means Texas A&M University.
Added by Acts 1999, 76th Leg., ch. 435, § 1, eff. Aug. 30, 1999.
§ 88.622. ADMINISTRATION OF PROGRAM. The
university shall administer the program in accordance with the
rules adopted by the committee.
Added by Acts 1999, 76th Leg., ch. 435, § 1, eff. Aug. 30, 1999.
§ 88.623. RURAL VETERINARIAN INCENTIVE PROGRAM
COMMITTEE; RULES. (a) The rural veterinarian incentive
program committee consists of:
(1) the executive director of the Texas Animal
Health Commission, or the executive director's designee;
(2) the executive director of the State Board of
Veterinary Medical Examiners, or the executive director's
designee;
(3) the dean of the college;
(4) a veterinarian with a mixed animal practice
appointed by the board of regents of The Texas A&M University
System; and
(5) a veterinarian with a large animal practice
appointed by the board of regents of The Texas A&M University
System.
(b) The dean of the college serves as the presiding
officer of the committee.
(c) An appointed member of the committee serves a term of
two years.
(d) The committee shall adopt rules:
(1) establishing criteria to determine whether a
person is an eligible participant as the committee considers
reasonable, including the person's:
(A) minimum grade point average; and
(B) financial need;
(2) providing for the distribution of money from
the fund for the program;
(3) establishing the criteria necessary for a
community or political subdivision in a rural county to qualify as a
student sponsor under Section 88.625;
(4) governing agreements of financial support
between a rural sponsor and an eligible student; and
(5) establishing other procedures necessary to
administer the program.
Added by Acts 1999, 76th Leg., ch. 435, § 1, eff. Aug. 30, 1999.
§ 88.624. ELIGIBLE VETERINARY STUDENT OR GRADUATE.
A person is eligible to participate in the program only if the
person:
(1) is enrolled as a student of the college or
applies to participate in the program on or before the first
anniversary of the date the person graduates from the college;
(2) will receive or has received from a student loan
at least 50 percent of the funds for tuition and fees for one or more
academic years while enrolled in the college; and
(3) meets any additional qualifications adopted by
the committee.
Added by Acts 1999, 76th Leg., ch. 435, § 1, eff. Aug. 30, 1999.
§ 88.625. RURAL SPONSORS; AGREEMENT TO PROVIDE
FINANCIAL SUPPORT. (a) A community or political
subdivision located in a rural county that qualifies under the
rules of the committee may become a sponsor of an eligible
participant and may provide financial support to the eligible
participant under the program.
(b) To participate as a sponsor in the program, the
community or political subdivision must enter into an agreement
with the eligible participant to provide financial support to the
eligible participant in an amount not less than the tuition and fees
required for a full academic year for a student enrolled in the
college in exchange for the eligible participant's agreement to
practice veterinary medicine in the sponsoring community or
political subdivision.
(c) Financial support under this section:
(1) may be provided in whole or part by a grant,
scholarship, or funds provided by a private foundation; and
(2) shall be deposited in the fund for distribution
to the eligible participant by the university.
Added by Acts 1999, 76th Leg., ch. 435, § 1, eff. Aug. 30, 1999.
§ 88.626. FINANCIAL SUPPORT; COMMITMENT TO PRACTICE
IN RURAL COUNTY. (a) To participate in the program, an
eligible participant must enter into an agreement with the
university to practice veterinary medicine in a rural county for
one calendar year for each academic year for which the student
receives financial support under the program.
(b) The financial support received by an eligible
participant under this subchapter must be used to retire student
loan debt or to pay tuition and fees to the university while the
eligible participant is enrolled in the college.
(c) Financial support from the fund shall be awarded in
the form of grants.
Added by Acts 1999, 76th Leg., ch. 435, § 1, eff. Aug. 30, 1999.
§ 88.627. RURAL VETERINARIAN INCENTIVE FUND. (a)
The rural veterinarian incentive fund is a special fund in the
state treasury outside the general revenue fund.
(b) The fund consists of legislative appropriations for
purposes of the program, gifts, grants, donations, the market value
of in-kind contributions, and other sources of revenue deposited to
the credit of the fund by the university.
(c) The fund shall be administered by the university in
accordance with rules adopted by the committee. The university may
use a portion of the money deposited to the credit of the fund, not
to exceed 10 percent of that amount, for the administration of the
program.
Added by Acts 1999, 76th Leg., ch. 435, § 1, eff. Aug. 30, 1999.
SUBCHAPTER I. TEXAS VETERINARY MEDICAL DIAGNOSTIC LABORATORY
§ 88.701. TEXAS VETERINARY MEDICAL DIAGNOSTIC
LABORATORY. (a) The Texas Veterinary Medical Diagnostic
Laboratory is a state agency under the jurisdiction and supervision
of the board.
(b) The agency is not a part of The Texas A&M University
System.
Added by Acts 1999, 76th Leg., ch. 388, § 2, eff. Sept. 1, 1999.
§ 88.702. EXECUTIVE DIRECTOR AND EMPLOYEES. (a)
The board shall staff the Texas Veterinary Medical Diagnostic
Laboratory with an executive director and other employees necessary
for the agency to properly function.
(b) The executive director and employees are eligible to
participate in the retirement systems and personnel benefits
available to employees of The Texas A&M University System.
Added by Acts 1999, 76th Leg., ch. 388, § 2, eff. Sept. 1, 1999.
§ 88.703. SUNSET PROVISION. The Texas Veterinary
Medical Diagnostic Laboratory is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the laboratory is abolished and this subchapter
expires September 1, 2007.
Acts 2003, 78th Leg., ch. 201, § 42, eff. Sept. 1, 2003.
§ 88.704. FEES. The Texas Veterinary Medical
Diagnostic Laboratory may charge and collect fees for goods and
services the laboratory provides to any person, including a
governmental entity.
Acts 2003, 78th Leg., ch. 201, § 42, eff. Sept. 1, 2003.
SUBCHAPTER J. CENTER FOR TRANSPORTATION SAFETY
§ 88.801. DEFINITIONS. In this chapter:
(1) "Center" means the Center for Transportation
Safety.
(2) "Institute" means the Texas Transportation
Institute, a component of The Texas A&M University System.
Added by Acts 2001, 77th Leg., ch. 714, § 2, eff. June 13, 2001.
§ 88.802. ESTABLISHMENT. The Center for
Transportation Safety is established as a component of the
institute and shall be administered in the same manner as other
programs of the institute.
Added by Acts 2001, 77th Leg., ch. 714, § 2, eff. June 13, 2001.
§ 88.803. PROGRAMS. (a) The center shall
conduct programs of research, education, and technology transfer to
support the state's role in improving the safety of the roadways in
this state.
(b) The programs may include, but are not limited to:
(1) developing and testing roadway safety
technologies and supporting their implementation;
(2) aiding transportation planners to better
prepare for future roadway transportation needs;
(3) studying complex policy issues and providing
input as to how roadway safety affects such issues and affects
roadway transportation for sustainable development;
(4) conducting research and studies that foster
productivity and competitiveness in the roadway safety industry;
(5) fostering public awareness of the importance of
roadway safety to the economy of this state;
(6) transferring knowledge and technology to
industry, state and local governments, and the public;
(7) establishing programs and partnerships with
public or private entities to develop and implement new policies,
technology, strategies, relationships, and sources of funding;
(8) studying environmental conflicts, complements,
and risks associated with roadway transportation;
(9) engaging in other activities consistent with
the purpose of the center; and
(10) other activities as determined by the board.
Added by Acts 2001, 77th Leg., ch. 714, § 2, eff. June 13, 2001.
§ 88.804. CONTRACTS. The center may enter into
interagency contracts and agreements and may contract with local,
state, county, federal, and private entities for work under the
center's programs.
Added by Acts 2001, 77th Leg., ch. 714, § 2, eff. June 13, 2001.
