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Texas Parks and Wildlife Code - Chapter 86 Marl, Sand, Gravel, Shell And MudshellLegal Research Home > Texas Lawyer > Parks and Wildlife Code > Texas Parks and Wildlife Code - Chapter 86 Marl, Sand, Gravel, Shell And Mudshell The commission shall manage, control, and protect marl and sand of commercial value and all gravel, shell, and mudshell located within the tidewater limits of ... (a) No person may disturb or take marl, sand, gravel, shell, or mudshell under the management and protection of the commission or operate in or ... (a) A person desiring a permit may apply to the commission. (b) The application must be in writing and must describe the area in which ... The commission may grant a permit to an applicant who has complied with all requirements of the commission if the commission finds that the disturbing, ... In determining whether or not a permit should be granted, the commission shall consider the injurious effect on oysters, oyster beds, and fish in or ... (a) The permit shall identify the person authorized to disturb, take, or carry away marl, sand, gravel, shell, or mudshell and shall describe the nature ... (a) The commission by rule may establish conditions under which specified activities are authorized without the requirement of individual permits under this chapter. An activity ... If the commission refuses to grant a permit to an applicant, it shall make a full written finding of facts explaining the reason for the ... The failure or refusal by the holder of a permit to comply with any term or condition of the permit operates as an immediate termination ... (a) The commission may remove oysters and oyster beds and replant them in other natural or artificial reefs if the commission finds that the removal ... (a) The commission may delegate to the director authority to grant uncontested permits under this section if: (1) the application meets all statutory and administrative ... (a) The commission, with the approval of the governor, may sell marl, sand, gravel, shell, and mudshell for not less than four cents a ton. ... (a) A county, subdivision of a county, city, or town that has a permit to take marl, sand, gravel, shell, or mudshell is not required ... (a) The commission shall grant to any county, city, or town that is authorized under Subchapter A, Chapter 421, Local Government Code, to build and ... Sand and other deposits having no commercial value may be taken from Corpus Christi and Nueces bays for filling and raising the grade of the ... (a) A nonprofit corporation, fund, or foundation exempted from federal income taxes under Section 503(c)(3), Internal Revenue Code of 1954, as amended (26 U.S.C. § ... (a) A nonprofit corporation, fund, or foundation exempted from federal income taxes under Section 501(c)(3), Internal Revenue Code of 1954, as amended (26 U.S.C. § ... The proceeds from the sale of marl, sand, gravel, shell, and mudshell shall be deposited in the special game, fish, and water safety account. Acts ... Funds collected by the commission from the sale of marl, sand, gravel, shell, and mudshell may be used for the enforcement of the provisions of ... No person may take marl, sand, gravel, shell, or other material from any place between a seawall and the water's edge, from a beach or ... This chapter does not require the holder of an oil and gas lease executed by the state to obtain a permit from the commission to ... (a) The commission shall, by rule, exempt entities from the requirements of this chapter regarding permits and fees required for disturbing or taking marl, sand, ... The commission may adopt rules to govern: (1) consideration of applications; (2) setting and collection of application fees; (3) assessment of transcript costs in contested ... (a) The commission by rule shall exempt the projects listed in Subsection (b) from any permit requirement or payment to the department for materials removed ... A person who violates Section 86.002 or 86.018 commits an offense that is a Class C Parks and Wildlife Code misdemeanor. Added by Acts 1995, ... A person who takes marl, sand, gravel, shell, or mudshell under the jurisdiction of the commission in violation of this chapter or a rule adopted ... A person who violates this chapter or a rule, permit, or order of the department issued or adopted under this chapter is subject to a ... (a) If a person has violated, is violating, or is threatening to violate this chapter or a rule, permit, or order of the department issued, ... If more than one defendant is named in an action under this chapter, each defendant against whom judgment is rendered is jointly and severally liable ... The pendency or determination of a civil action brought under this chapter or a criminal prosecution for the same violation does not bar the other ... Texas Lawyers
Last modified: August 10, 2007 |