By Jackson                                            H.B. No. 2148
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain structures on coastal public land.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 33.004, Chapter 33, Natural Resources
    1-5  Code is amended to read as follows:
    1-6        Sec. 33.004.  Definitions.  In this chapter:
    1-7              (1)  "Land office" means the General Land Office.
    1-8              (2)  "Commissioner" means the Commissioner of the
    1-9  General Land Office.
   1-10              (3)  "Board" means the School Land Board.
   1-11              (4)  "Person" means any individual, firm, partnership,
   1-12  association, corporation which is public or private and profit or
   1-13  non-profit, trust, or political subdivision or agency of the state.
   1-14              (5)  "Coastal area" means the geographic area
   1-15  comprising all the counties in Texas which have any tidewater
   1-16  shoreline, including that portion of the bed and water of the Gulf
   1-17  of Mexico within the jurisdiction of the State of Texas.
   1-18              (6)  "Coastal submerged land" means all or any portion
   1-19  of state-owned submerged land, the water overlying that land, and
   1-20  all state-owned islands or portions of islands in the coastal area.
   1-21              (7)  "Island" means any body of land surrounded by the
   1-22  water of a saltwater lake, bay, inlet, estuary, or inland body of
   1-23  water within the tidewater limits of this state and shall include
    2-1  man-made islands resulting from dredging or other operations.
    2-2              (8)  "Management program" means the coastal public land
    2-3  management program provided by this chapter and shall include a
    2-4  comprehensive statement in words, maps, illustrations, or other
    2-5  media inventorying coastal public land resources and capabilities
    2-6  and setting forth objectives, policies, and standards to guide
    2-7  planning and to control the utilization of those resources.
    2-8              (9)  "Seaward" means the direction away from the shore
    2-9  and toward the body of water bounded by the shore.
   2-10              (10)  "Structure" means any structure, work, or
   2-11  improvement constructed on, affixed to or worked on coastal public
   2-12  land, including fixed or floating piers, wharves, docks, jetties,
   2-13  groins, breakwaters, artificial reefs, fences, posts, retaining
   2-14  walls, levees, ramps, permanently moored vessels, cabins, houses,
   2-15  shelters, landfills, excavations, land canals, channels, and roads.
   2-16              (11)  "Submerged land" means any land extending from
   2-17  the boundary between the land of the state and the littoral owners
   2-18  seaward to the low-water mark on any saltwater lake, bay, inlet,
   2-19  estuary, or inland water within the tidewater limits, and any land
   2-20  lying beneath the body of water, but for the purposes of this
   2-21  chapter only, shall exclude beaches bordering on and the water of
   2-22  the open Gulf of Mexico and the land lying beneath this water.
   2-23              (12)  "Littoral owner," in this chapter only, means the
   2-24  owner of any public or private upland bordered by or contiguous to
   2-25  coastal public land.
    3-1              (13)  "Vessel" means any watercraft capable of floating
    3-2  in water, whether propelled by machinery or not, including but not
    3-3  limited to, boats, houseboats, barges, canoes, punts, rowboats or
    3-4  sailboats.
    3-5              (14)  "Permanently moored" means to be left in place
    3-6  for more than 21 consecutive days.
    3-7              (15)  "Unauthorized structure" means any structure on
    3-8  coastal public land not authorized by a proper easement, lease,
    3-9  permit or other instrument from the state as required by chapter 33
   3-10  or 51 of the Natural Resources Code.
   3-11        SECTION 2.  Section 33.124, Chapter 33, Natural Resources
   3-12  Code is repealed.
   3-13        SECTION 3.  Section 33.125, Chapter 33, Natural Resources
   3-14  Code is amended to read as follows:
   3-15        Sec. 33.125.  Automatic Revocation and Termination of a
   3-16  Permit.  (a)  A permit that authorizes the continued use of a
   3-17  previously unauthorized structure on coastal public land <is
   3-18  considered automatically> may be revoked and terminated, in the
   3-19  discretion of the board, if the coastal public land on which the
   3-20  structure is located is:
   3-21              (1)  subsequently leased for public purposes
   3-22  incompatible with the continued presence of the structure;
   3-23              (2)  exchanged for littoral property under this
   3-24  chapter; or
   3-25              (3)  conveyed to a navigation district as provided by
    4-1  law.
    4-2        (b)  The board may authorize the relocation of the structure
    4-3  to another site in lieu of revoking or terminating the permit.
    4-4        SECTION 4.  Sec. 33.127, Chapter 33, Natural Resources Code,
    4-5  is amended to read as follows:
    4-6        Sec. 33.127.  Terms and Renewal of Permits.  (a)  Permits may
    4-7  be issued for a <period of not more than five years> term to be
    4-8  determined by the board and may be renewed at the discretion of the
    4-9  board; provided, however, the combined total number of years in the
   4-10  initial term and the renewal terms granted by the board shall not
   4-11  exceed fifteen years;
   4-12        (b)  Upon expiration, termination, or cancellation of a
   4-13  permit the board, in its sole discretion and in a manner to be
   4-14  determined by it, may issue a new permit authorizing the continued
   4-15  existence and use of a structure on coastal public land.
   4-16        SECTION 5.  Sec. 33.132, Chapter 33, Natural Resources Code,
   4-17  is repealed.
   4-18        SECTION 6.  The importance of this legislation and the
   4-19  crowded condition of the calendars in both houses create an
   4-20  emergency and an imperative public necessity that the
   4-21  constitutional rule requiring bills to be read on three several
   4-22  days in each house be suspended, and this rule is hereby suspended.