TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART 1. GENERAL LAND OFFICE
CHAPTER 19. OIL SPILL PREVENTION AND RESPONSE
SUBCHAPTER
A.
The General Land Office (GLO) adopts the amendments to Texas Administrative Code, Title 31, Part 1, Subchapter A, §19.6 and new §19.7. The new and amended rules are adopted without change to the proposed text published in the August 15, 2025, issue of the Texas Register (50 TexReg 5311). The rules will not be republished.
The GLO identified the need for the new rule and amendments during its review of this subchapter's rules, conducted pursuant to Section 2001.039 of the Texas Government Code.
The adopted rule amendments to §19.6 amended the language to ensure it is clear that claims for confidentiality of documentation, records, and information must be done in writing when the item is filed.
The adopted new rule §19.7 was created to address enforcement. The language present in §19.7 is substantially similar to the language present in §19.14(e). Moving the language from the Spill Prevention and Preparedness subchapter of the code to the General Provisions subchapter of the code clarifies that the enforcement provisions are intended to apply to facility owners and operators and all other parties that may cause the release of oil into the coastal environment. Language reciting OSPRA penalty provisions is left out of the language as it is already addressed in the statute and language giving examples of enforcement is deleted because other provisions of these rules can be used to determine when enforcement is appropriate. Additionally, §19.7(a)(2) provides additional factors the commissioner must consider for "any GLO penalty policy."
No public comments were received on the adopted new rule and amendments.
STATUTORY AUTHORITY
The new rule and amendments are adopted under OSPRA, Texas Natural Resources Code, §40.007(a), which give the Commissioner of the GLO the authority to promulgate rules necessary and convenient to the administration of OSPRA, and §40.117(a)(10) & (11),which provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods, and reporting, criteria for spill response planning and penalties, hearings, and orders.
Texas Natural Resources Code §§40.109 - 40.117 and 40.251 - 40.258 are affected and implemented by the adopted new rule and amendment.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 3, 2025.
TRD-202503967
Jennifer Jones
Chief Clerk and Deputy Land Commissioner
General Land Office
Effective date: November 23, 2025
Proposal publication date: August 15, 2025
For further information, please call: (512) 475-1859
SUBCHAPTER
B.
The General Land Office (GLO) adopts the amendments to Texas Administrative Code, Title 31, Part 1, Subchapter B, §§19.12 - 19.14 and 19.20. The amended rules are adopted without changes to the proposed text as published in the August 15, 2025, issue of the Texas Register (50 TexReg 5312). The amended rules will not be republished.
The GLO identified the need for the amendments during its review of this subchapter's rules, conducted pursuant to Section 2001.039 of the Texas Government Code.
The adopted rule amendment to §19.12. amended throughout the entire section the language adds the term "owners" as a party to which the facility rules will apply to ensure that it is clear that "owners or operators," which are specifically defined in §19.2, are responsible for following the rules. This also makes it consistent with other similar provisions in requiring operators to comply with these rules.
The adopted rule amendment to §19.12(a). modified current existing language to clarify terms and more closely reflect the language of OSPRA. Staff has also removed references to "waterfront or offshore facility" and relies upon the term ‘facility' which is defined in §19.2(5) as any "waterfront or offshore facility." Use of a defined terms is more concise and ensures the consistent use of defined terms. The terms gathering lines and flow lines has been deleted because these types of structures are not covered by OSPRA certification requirements. The second sentence of this section has been rewritten to clarify that if any part of a site has a "waterfront or offshore facility" than the entire site must be covered by a discharge prevention and response certificate. Language describing what facilities these rules apply is deleted because it directly quotes language from OSPRA and need not be repeated in the rules.
The adopted rule amendment to §19.12(b). removed references to "waterfront or offshore facility" and relies upon the term ‘facility' which is defined in §19.2(5) as any "waterfront or offshore facility." Use of a defined terms is more concise and ensures the consistent use of defined terms.
The adopted rule amendment to §19.12(d). added "owners" as a party to which the facility rules will apply to ensure that it is clear that owners and operators are responsible for following the rules. Additional changes include modifying currently existing language to reflect changes to the organizational structure of the General Land Office. Additionally, staff has removed reference to the "/" from the General Land Office website URL because it is an error and not part of the GLO website.
The adopted rule amendment to §19.12(e) and §19.12(g) deleted references to operators and adds the term applicant in its place because this provision generally addresses applicants.
The adopted rule amendment to §19.12(i) modified current existing language to reflect changes to the organizational structure of the General Land Office.
The adopted rule amendment to §19.13 added "owners" as a party to which the facility rules will apply to ensure that it is clear that owners and operators are responsible for following the rules or add the term applicant, where appropriate.
The adopted rule amendment to §19.14 added the term "owners" as a party to which the facility rules will apply to ensure that it is clear that "owners or operators," which is specifically defined in §19.2, responsible for following these rules. This also makes it consistent with other similar provisions in requiring operators to comply with these rules.
The adopted rule amendment to §19.14(a) made non-substantive editorial changes to reflect more commonly used language when addressing electronic forms of communication, to clarify the scope of what may be updated and how, and notes that information about contacting the regional office can be obtained by calling the GLO during business hours. The phrase "or certificate" is added to make clear that the GLO's portal can be used to update application and certificate information. Language has also been added to reflect the means a party may use to acquire access to the secure online portal that certificate holders can use to access and update their information. The adopted rule amendment also modified existing language to reflect changes to the organizational structure of the General Land Office.
The adopted rule amendment to §19.14(b) deleted language in (b)(2) that relates to audits and inspections when renewing certificates. New language in 12(j) addresses when audits and inspections will or may be performed including for purposes of renewal.
The adopted rule amendment deleted §19.14(e) which had been moved, in part, to new §19.7. The placement of the penalty provisions in §19.14(e) limits the enforcement of these provisions to the certification of facilities. However, the terms of enforcement as outlined in OSPRA also apply to spill response planning and responses to oil spills. Therefore, §19.14(e) has been deleted and replaced by new §19.7 that contains substantially similar language and will have broader application than placement within this subchapter.
The adopted rule amendment to §19.20(e) modified language relating to discharge cleanup industrial organization certifications to increase the term to 5-years, which is consistent with other certificates under OSPRA.
No public comments were received on the adopted rule amendments.
STATUTORY AUTHORITY
The amendments are adopted under OSPRA, Texas Natural Resources Code, §40.007(a), which give the Commissioner of the GLO the authority to promulgate rules necessary and convenient to the administration of OSPRA, and §40.117(a)(1) - §40.117(a)(4), §40.117(a)(6) and §40.117(a)(11), which provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods, and reporting, criteria for spill response planning, and certification of discharge clean up organizations.
Texas Natural Resources Code §§40.109 - 40.117 and 40.251 - 40.258 are affected and implemented by the adopted amendment to the rule.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 3, 2025.
TRD-202503968
Jennifer Jones
Chief Clerk and Deputy Land Commissioner
General Land Office
Effective date: November 23, 2025
Proposal publication date: August 15, 2025
For further information, please call: (512) 475-1859
SUBCHAPTER
C.
The General Land Office (GLO) adopts the amendments to Texas Administrative Code, Title 31, Part 1, Subchapter C, §19.33 and §19.34. The amended rules are adopted without change to the proposed text as published in the August 15, 2025, issue of the Texas Register (50 TexReg 5319). The amended rules will not be republished.
No public comments were received on the adopted rule amendments.
The GLO identified the need for the amendments during its review of this subchapter's rules, conducted pursuant to Section 2001.039 of the Texas Government Code.
The adopted rule amendment to §19.33 is editorial in nature and does not change a substantive requirement of the rule. It changes the term "insure" to "ensure" to accurately reflect that state on-scene coordinator must make sure that response activities comply with applicable requirements.
The adopted rule amendment to §19.34 deleted §19.34(g), which describes the duties of a responsible party. The purpose of §19.34(g) addressed by the currently existing rules in §19.33(e) which describes response activities.
STATUTORY AUTHORITY
The amendments are adopted under OSPRA, Texas Natural Resources Code, §40.007(a), which give the Commissioner of the GLO the authority to promulgate rules necessary and convenient to the administration of OSPRA, and §40.117(a)(1) - §40.117 (a)(4) & §40.117(a)(11), which provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods, and reporting, criteria for spill response planning and penalties, hearings, and orders.
Texas Natural Resources Code §§40.109 - 40.117 and 40.251 - 40.258 are affected and implemented by the adopted amendment to the rule.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 3, 2025.
TRD-202503969
Jennifer Jones
Chief Clerk and Deputy Land Commissioner
General Land Office
Effective date: November 23, 2025
Proposal publication date: August 15, 2025
For further information, please call: (512) 475-1859
SUBCHAPTER
D.
The General Land Office (GLO) adopts the amendments to Texas Administrative Code, Title 31, Part 1, Subchapter D, §§19.51, 19.53 and 19.55. The amended rules are adopted without change to the proposed text as published in the August 15, 2025, issue of the Texas Register (50 TexReg 5321). The amended rules will not be republished.
No public comments were received on the adopted rule amendments.
The GLO identified the need for the amendments during its review of this subchapter's rules, conducted pursuant to Section 2001.039 of the Texas Government Code.
The adopted rule amendment to §19.51. clarified that the GLO relies upon the appropriation of funds by the Texas Legislature to provide reimbursements of this nature. Staff feels it is necessary to provide clarity to ensure that applicants under this provision understand that funds may not be available, or reimbursement may be delayed until the legislature appropriates monies from the fund that are necessary to provide reimbursement. In addition, the adopted amendment also added a requirement for obtaining reimbursements from the coastal protection fund. Reimbursement will not be available to a state agency unless the agency has obtained prior written approval from the GLO's "State On Scene Coordinator."
The adopted rule amendment to §19.53(a). is similar to amendments to §19.51, the proposed amendment provides editorial clarification to ensure clarity about the GLO's ability to reimburse funds through claims reimbursement procedures, which depends upon a sufficient legislative appropriation from the coastal protection fund.
The adopted rule amendment to §19.55(a) - §19.55(b). implemented non-substantive editorial changes to ensure consistency with references made throughout the rules. The removal of the phrase "coastal protection" from "coastal protection fund" ensures greater consistency and throughout the rules and relies upon the definition of the term in §19.2(6).
STATUTORY AUTHORITY
The amendments are adopted under OSPRA, Texas Natural Resources Code, §40.007(a), which give the Commissioner of the GLO the authority to promulgate rules necessary and convenient to the administration of OSPRA, and §40.157(c), which provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods, and reporting, criteria for spill response planning and penalties, hearings, and orders.
Texas Natural Resources Code §§40.109 - 40.117 and 40.251 - 40.258 are affected and implemented by the adopted amendment to the rule.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 3, 2025.
TRD-202503970
Jennifer Jones
Chief Clerk and Deputy Land Commissioner
General Land Office
Effective date: November 23, 2025
Proposal publication date: August 15, 2025
For further information, please call: (512) 475-1859
SUBCHAPTER
E.
The General Land Office (GLO) adopts the amendments to Texas Administrative Code, Title 31, Part 1, Subchapter E, §19.60 and §19.61. The amended rules are adopted without change to the proposed text as published in the August 15, 2025, issue of the Texas Register (50 TexReg 5324). The amended rules will not be republished.
No public comments were received on the adopted rule amendments.
The GLO identified the need for the amendments during its review of this subchapter's rules, conducted pursuant to Section 2001.039 of the Texas Government Code.
The adopted rule amendment to §19.60(c)(2). modified language to reflect current organizational structures and operations and makes non-substantive edits to ensure consistency and readability throughout the rules. The proposed amendment specifically modifies the description to reflect the appropriate divisions within the GLO and removes references to faxes which are not currently employed by the GLO in the fashion outlined within this provision.
The adopted rule amendment to §19.61(a) - §19.61(b). deletes language related to providing information to the GLO and makes non-substantive editorial changes to reflect current organizational operations, ensure it is sufficiently clear what is required in a vessel response plan and which parties are required to submit information under a plan, how this information may be updated, and notes that information about contacting the regional office can be obtained by calling the GLO during business hours. The submittal of information section in subsection (b) has been deleted and replaced with language substantial similar to the modified language in §19.14(a)(1) and §19.14(a)(2) which updates the requirements for submitting information to the GLO.
STATUTORY AUTHORITY
The amendments are adopted under OSPRA, Texas Natural Resources Code, §40.007(a), which give the Commissioner of the GLO the authority to promulgate rules necessary and convenient to the administration of OSPRA, and §40.117(a)(1) - §40.117(a)(4),which provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods, and reporting, criteria for spill response planning and penalties, hearings, and orders.
Texas Natural Resources Code §§40.109 - 40.117 and 40.251 - 40.258 are affected and implemented by the adopted amendment to the rule.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 3, 2025.
TRD-202503971
Jennifer Jones
Chief Clerk and Deputy Land Commissioner
General Land Office
Effective date: November 23, 2025
Proposal publication date: August 15, 2025
For further information, please call: (512) 475-1859
PART 4. SCHOOL LAND BOARD
CHAPTER 151. OPERATIONS OF THE SCHOOL LAND BOARD
31 TAC §151.1The School Land Board (Board) adopts the amendments to Texas Administrative Code, Title 31, Part 4, Chapter 151, §151.1, relating to School Land Board Meeting Administration. The amended rules are adopted without change to the proposed text as published in the August 15, 2025, issue of the Texas Register (50 TexReg 5327). The amended rules will not be republished.
During the review of its Chapter 151 rules, under §2001.039 of the Texas Government Code, the Board identified the need for these proposed amendments. At its June 3, 2025 meeting, the Board unanimously approved the readoption of Chapter 151, with amendments. The adopted rule amendments to §151.1(a) and §151.1(b) updated terminology and added clarifying language.
The adopted rule amendments to §151.1(c) affirm that the Board policy of encouraging public participation at its meetings. The amendments clearly state that the public may address the Board during a meeting, on matters within Board authority, at the physical location of the meeting, during the public comment period. Members of the public will be required to identify themselves when speaking.
The adopted rule amendments to §151.1(d) - §151.1(h) and §151.1(j). have been deleted as outdated or unnecessary.
The adopted rule amendments to §151.1(i). was amended to change its designation to 151.1(d) and delete text duplicative of what is already provided by statute.
No public comments were received on the adopted rule amendments.
STATUTORY AUTHORITY
The amendment is adopted under Texas Natural Resources Code 32.205. This section authorizes the Board to adopt rules to carry out the provisions of Chapter 32 of the Texas Natural Resources Code, which sets out the powers and duties of the Board, among other things. The Board hereby certifies that Jeff Gordon, GLO General Counsel, has reviewed the adoption and found it to be a valid exercise of the Board’s legal authority.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 28, 2025.
TRD-202503906
Jennifer Jones
Chief Clerk and Deputy Land Commissioner
School Land Board
Effective date: November 17, 2025
Proposal publication date: August 15, 2025
For further information, please call: (512) 475-1859
CHAPTER 155. LAND RESOURCES
SUBCHAPTER
A.
The School Land Board (SLB) adopts the amendments to Texas Administrative Code, Title 31, Part 4, Chapter 155, Land Resources, Subchapter A - Coastal Public Lands, §155.3, relating to Easements. The amended rules are adopted without change to the proposed text as published in the August 15, 2025, issue of the Texas Register (50 TexReg 5329). The amended rules will not be republished.
No public comments were received on the adopted rule amendments.
During the review of its Chapter 155 rules, under §2001.039 of the Texas Government Code, the Board identified the need for these proposed amendments. At its June 3, 2025 meeting, the Board approved publication and readoption of the proposed amendments.
BACKGROUND AND SECTION ANALYSIS OF THE ADOPTED AMENDMENTS TO §155.3.
Under Chapter 33.103 and 33.111 of the Natural Resources Code, the School Land Board (SLB) is authorized to issue easements for the use of coastal public lands. The purpose of 31 TAC 155 is to address how coastal public lands will be managed by the SLB. The adopted amendments corrected references that refer to incorrect citations within the rule.
Adopted amendment to TAC §155.3(f)(3) corrected an incorrect reference. The current rule requires applicants for an easement on coastal public lands to mitigate for impacts which are unavoidable. The current reference points the reader to TAC §155.3(b), which requires applicants to obtain permits required for a proposed project. Instead, it should point the reader to TAC §155.3(g), which addresses the mitigation sequences that an applicant must follow to avoid impacts.
Adopted amendment(s) to TAC §155.3(g)(3) also corrected an incorrect reference. The current rule provides that an applicant, who is unable to avoid impacts to coastal public land, must mitigate for the impacts and/or pay a resource impact fee. The current reference points the reader to TAC §155.15(b)(6), which addresses the treatment of rental adjustments. Instead, it should point the reader to TAC §155.15(b)(3), which discusses the resource impact fee.
STATUTORY AUTHORITY
The amendments are adopted under Texas Natural Resources Code, §33.064 that provides the SLB with the authority to adopt procedural and substantive rules concerning administration, implementation and enforcement of this chapter.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 3, 2025.
TRD-202503972
Jennifer Jones
Chief Clerk and Deputy Land Commissioner
School Land Board
Effective date: November 23, 2025
Proposal publication date: August 15, 2025
For further information, please call: (512) 475-1859