BILL ANALYSIS C.S.H.B. 2148 By: Jackson April 21, 1995 Committee Report (Substituted) BACKGROUND During the 63rd Regular Session, a permit program was enacted as part of the Coastal Public Lands Management Act of 1973, now codified in Chapter 33 of the Texas Natural Resources Code. The program was created to address unauthorized structures (e.g., cabins) constructed on coastal public lands and is administered by the School Land Board through the General Land Office. The unauthorized structures have been constructed with private money; however, they are considered property of the state. The School Land Board issues permits for the use of such structures, including the structures within 1000 feet of federal or state wildlife sanctuaries or federal, state, county or city parks bordering on public coastal land. A permit may not be issued for more than five years and may be revoked if the coastal land is subsequently leased for public purposes or conveyed to a navigation district and for other reasons. The permit program has experienced problems such as permittees selling their permits for increasingly high rates, which makes public participation more difficult. The expansion of refuge areas and evolution of rookeries have rendered several structures or cabins unpermittable under current law. Permanently moored vessels on coastal public lands have not been regulated and present similar public policy concerns. PURPOSE HB 2148 combines the interests of long-time users of cabins on public land with those of the general public and public land managers by implementing a cabin management program and outlining permit terms. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS Section 1 Amends Sections 33.125 and 33.127, Natural Resources Code, as follows: Section 33.125. Automatic Revocation and Termination of a Permit. (a) At the discretion of the board a permit which authorizes continued use of a previously unauthorized structure may be revoked, if the land where the structure is located is subsequently leased for public purposes incompatible with the continued presence of the structure, exchanged for littoral property, or conveyed to a navigation district. (b) As an alternative the board may authorize relocation of the structure without revoking or terminating the permit. Section 33.127. Terms and Renewals of Permits. Permits may be issued by the board for a period to be determined by the board and may be renewed at the discretion of the board. Section 2 Repeals Section 33.124, Chapter 33, Natural Resources Code. Section 3 Emergency Clause. Effective upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTIONS 3 and 4 of the original bill are combined into SECTION 1 of the substitute. The substitute also provides that permits may be issued and renewed for a term to be determined by the board with no limit on the term of the permit. The original bill provided for a maximum term of 15 years. The original bill also provided that if a permit expired or was terminated or cancelled, then the board, in its discretion, could issue a new permit. This provision is not included in the substitute. SECTION 1 of the original bill amended Section 33.004, Chapter 33, Natural Resources Code, and contained a list of definitions. These definitions are not included in the substitute. SECTION 5 of the original bill, which repealed Section 33.132, Chapter 33, Natural Resources Code, is deleted. SECTION 6 of the original bill is renumbered accordingly. SUMMARY OF COMMITTEE ACTION H.B. 2148 was considered by the committee in a public hearing on April 18, 1995. The following person testified in favor of the bill: Representative Mike Jackson. The committee considered a complete substitute for the bill. The following person testified neutrally on the bill: Spencer Reid, representing the Texas General Land Office. The substitute was adopted without objection. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.