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.