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Texas Natural Resources Code - Section 221.021. Actions To Establish Or Maintain Mitigation Bank

Legal Research Home > Texas Laws > Natural Resources Code > Texas Natural Resources Code - Section 221.021. Actions To Establish Or Maintain Mitigation Bank

§ 221.021. ACTIONS TO ESTABLISH OR MAINTAIN MITIGATION 
BANK.  (a) With the approval of the General Land Office, a state 
agency or eligible political subdivision may take any necessary and 
reasonable action to comply with a federal requirement to establish 
or maintain a mitigation bank.  An action under this section may 
include:
		(1)  authorizing or making a continuing study of 
wetland areas and wetland mitigation programs;
		(2)  consistent with federal requirements, engaging in 
a wetland mitigation program and adopting and enforcing permanent 
land use and control measures on land the agency or subdivision owns 
in a mitigation bank;
		(3)  consulting with, providing information to, and 
entering into an agreement with a federal agency to identify and 
publish information about wetland areas;
		(4)  cooperating with a federal or state agency in 
connection with a study or investigation regarding the adequacy of 
a local measure with respect to a federal or state wetland program;
		(5)  improving the long-range management or use of 
wetland or a wetland mitigation bank;
		(6)  purchasing, leasing, condemning, or otherwise 
acquiring property inside or outside the eligible political 
subdivision that is necessary for a wetland mitigation bank or 
buffer zone and, as necessary, improving the land or other property 
as a wetland mitigation bank, including any adjacent buffer zone, 
to comply with a federal requirement;
		(7)  requesting or receiving aid from a federal or 
state agency or an eligible political subdivision;
		(8)  purchasing, selling, or contracting to purchase or 
sell a mitigation credit in a mitigation bank;
		(9)  incurring a liability or borrowing money on terms 
approved by the governing body of the subdivision;
		(10)  acquiring, holding, using, selling, leasing, or 
disposing of real or personal property, including a license, 
patent, right, or interest, that is necessary, convenient, or 
useful for the full exercise of a power under this chapter;
		(11)  contracting with any operator to use or operate 
any part of a mitigation bank;  and
		(12)  procuring any type of insurance and paying an 
insurance premium in an amount the governing body of the eligible 
political subdivision considers necessary or advisable.
	(b)  The power of eminent domain granted by this section does 
not enable a state agency or eligible political subdivision to 
acquire by condemnation an interest in land that is owned or used by 
a public utility.  In this subsection, "public utility" has the 
meaning assigned by the Public Utility Regulatory Act of 1995 
(Article 1446c-0, Vernon's Texas Civil Statutes).

Added by Acts 1997, 75th Leg., ch. 165, § 24.01(a), eff. Sept. 1, 
1997.  

Last modified: August 11, 2007