Texas Parks And Wildlife Code Title 5, Chapter 86 - Marl, Sand, Gravel, Shell, And Mudshell
- Texas Section 86.001 - Management And Protection
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...
- Texas Section 86.002 - Permit Required; Penalty
(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...
- Texas Section 86.003 - Application For Permit
(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...
- Texas Section 86.004 - Granting Of Permit
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,...
- Texas Section 86.005 - Economic Considerations
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...
- Texas Section 86.006 - Permit
(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...
- Texas Section 86.007 - Permit By Rule
(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...
- Texas Section 86.008 - Denial Of Permit
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...
- Texas Section 86.009 - Termination And Revocation
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...
- Texas Section 86.010 - Removal And Replanting Of Oysters And Oyster Beds
(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...
- Texas Section 86.011 - Delegation Of Authority
(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...
- Texas Section 86.012 - Sales Of Materials
(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....
- Texas Section 86.013 - Use On Roads
(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...
- Texas Section 86.014 - Use For Seawalls, Etc
(a) The commission shall grant to any county, city, or town that is authorized under Subchapter A, Chapter 571, Local Government Code, to build and...
- Texas Section 86.015 - Sand From Corpus Christi And Nueces Bays
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...
- Texas Section 86.0151 - Use To Open Brown Cedar Cut
(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. Sec....
- Texas Section 86.0152 - Use To Open Cedar Bayou
(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. Sec....
- Texas Section 86.016 - Deposit Of Funds
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...
- Texas Section 86.017 - Use Of Funds
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...
- Texas Section 86.018 - Taking From Certain Areas Prohibited
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...
- Texas Section 86.019 - Oil And Gas Lessees
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...
- Texas Section 86.0191 - Exemption
(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,...
- Texas Section 86.020 - Rules
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...
- Texas Section 86.021 - Exemptions
(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...
- Texas Section 86.022 - Penalty
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,...
- Texas Section 86.023 - Liability For Value Of Material Taken
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...
- Texas Section 86.024 - Civil Penalty
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...
- Texas Section 86.025 - Enforcement
(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,...
- Texas Section 86.026 - More Than One Defendant
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...
- Texas Section 86.027 - Civil Suit And Criminal Prosecution Permissible
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...
Last modified: September 28, 2016