SECTION 25.1. Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Agency--The General Land Office of the State of Texas.

(2) Applicant--The city or county which makes application to receive funds under this program.

(3) Assistance--State funds which are made available through the agency for this program.

(4) Award--An obligation of appropriated funds authorized for this program and which are made available for a project.

(5) Clean and maintain--The collection and removal of litter and debris, and the supervision and elimination of sanitary and safety conditions which would pose a threat to personal health or safety if not removed or otherwise corrected. For purposes of cities and counties described in this subchapter, the phrase "clean and maintain" includes the employment of lifeguards, beach patrols, and litter patrols.

(6) Expenditures--Outlays by cash or check represented by valid invoice and disbursement documentation.

(7) Participant or sponsor--The city or county which receives assistance under this subchapter.

(8) Program--The beach cleaning and maintenance assistance program implemented under this subchapter and Natural Resources Code, Chapter 61, Subchapter C (relating to Maintenance of the Public Beaches).

(9) Public beach--Any beach area, whether publicly or privately owned, extending inland from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired the right of use or easement to or over such area by prescription, dedication, presumption, estoppel, or has retained a right by virtue of continuous right in the public since time immemorial, as recognized by law and custom. This definition does not include a beach which is not accessible by public road or ferry.

(10) Qualified official--The individual authorized to represent the applicant or participant in all contractual agreements.

(11) State fiscal year--The period of time beginning September 1 and ending August 31.

Source Note: The provisions of this §25.1 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective December 27, 2010, 35 TexReg 11705