By Holzheauser H.B. No. 2340
74R4200 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to protection of coastal resources.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 33.004, Natural Resources Code, is
1-5 amended by amending Subdivision (8) and adding Subdivisions (13)
1-6 and (14) to read as follows:
1-7 (8) "Management program" means the coastal <public
1-8 land> management program provided by this chapter <and shall
1-9 include a comprehensive statement in words, maps, illustrations, or
1-10 other media inventorying coastal public land resources and
1-11 capabilities and setting forth objectives, policies, and standards
1-12 to guide planning and to control the utilization of those
1-13 resources>.
1-14 (13) "Council" means the Coastal Coordination Council.
1-15 (14) "Coastal zone" means the portion of the coastal
1-16 area located within the boundaries established by the coastal
1-17 management program under Section 33.053(1) of this code.
1-18 SECTION 2. Sections 33.051, 33.052, 33.053, 33.054, and
1-19 33.055, Natural Resources Code, are amended to read as follows:
1-20 Sec. 33.051. GENERAL DUTY. The board, the council, and the
1-21 land office shall perform the duties provided in this subchapter.
1-22 Sec. 33.052. DEVELOPMENT OF COASTAL MANAGEMENT PROGRAM.
1-23 (a) The commissioner shall develop a continuing comprehensive
1-24 coastal management program pursuant to the policies stated in
2-1 Section 33.001 of this code. The program is not effective until
2-2 approved by the council under Section 33.204 of this code.
2-3 (b) In developing the program, the land office shall act as
2-4 the lead agency to coordinate and develop a long-term plan for the
2-5 management of uses affecting coastal natural resource
2-6 <conservation> areas, in cooperation with other state agencies that
2-7 have duties relating to coastal matters, including those agencies
2-8 represented on the council <the Parks and Wildlife Department, the
2-9 attorney general's office, the Texas Water Commission, the Texas
2-10 Water Development Board, the State Department of Highways and
2-11 Public Transportation, and the Railroad Commission of Texas>. The
2-12 plan shall implement the policies stated in Section 33.001 of this
2-13 code and shall include the elements listed in Section 33.053 of
2-14 this code.
2-15 (c) The land office may appoint and establish procedures for
2-16 an advisory committee to advise the land office on coastal
2-17 management issues. The advisory committee may only include persons
2-18 with expertise in coastal matters and persons who live in the Texas
2-19 coastal area. A member of the advisory committee serves at the
2-20 pleasure of the land office. A member is not entitled to
2-21 compensation for services performed as a member of the committee
2-22 but may receive reimbursement from land office funds for actual and
2-23 necessary expenses incurred in attending meetings of the advisory
2-24 committee.
2-25 (d) For purposes of Subsections (a) and (b) of this section,
2-26 "coastal natural resource <conservation> areas" has the meaning
2-27 assigned by Section 33.203 of this code <includes beaches and
3-1 critical dune areas bordering on the seaward shore of the Gulf of
3-2 Mexico; coastal public submerged lands; washover channels on
3-3 barrier islands; historic areas, parks, wildlife refuges,
3-4 preserves, and other such designated natural resource management
3-5 areas within the coastal area; the water of the open Gulf of
3-6 Mexico, and the land lying beneath that water within the
3-7 jurisdiction of the state>.
3-8 (e) The land office, with the approval of the council, may
3-9 adopt rules to implement this section.
3-10 (f) This section does not add to or subtract from the duties
3-11 and responsibilities of a state agency other than the land office,
3-12 the council, and the board.
3-13 (g) The land office shall, on September 1 of even-numbered
3-14 years, present a biennial report to the legislature outlining the
3-15 status of coastal problems, issues, and programs. The report must
3-16 be approved by the council before the report is presented to the
3-17 legislature.
3-18 Sec. 33.053. ELEMENTS OF COASTAL MANAGEMENT PROGRAM. (a)
3-19 The coastal management program, in compliance with the Coastal Zone
3-20 Management Act of 1972 (16 U.S.C. Section 1451 et seq.), shall
3-21 include the following elements:
3-22 (1) an identification of the boundaries of the coastal
3-23 zone subject to the coastal management program <a continuous
3-24 inventory of coastal public land and water resources including a
3-25 determination of the extent and location of the coastal public
3-26 land>;
3-27 (2) a continuous analysis of the potential uses for
4-1 <which> the <coastal public> land and water within the coastal zone
4-2 <might be used>, including recommendations as to which
4-3 configurations of uses consonant with the policies of this chapter
4-4 maximize the benefits conferred on the present and future citizens
4-5 of Texas;
4-6 (3) guidelines on the priority of uses <in coastal
4-7 public land> within the coastal zone <area>, including specifically
4-8 those uses of lowest priority;
4-9 (4) a list <definition> of the statutorily permissible
4-10 uses of the <coastal public> land and water within the coastal
4-11 zone that <and definitions of the uses of adjacent areas which>
4-12 would have a direct and significant <adverse> impact on the
4-13 <management or use> of coastal waters <public land or water>;
4-14 (5) recommendations as to increments of jurisdiction
4-15 or authority necessary to protect <coastal public> land and water
4-16 within the coastal zone from direct and significant detrimental
4-17 <adverse> consequences flowing from the uses of adjacent land;
4-18 (6) an inventory of designated coastal natural
4-19 resource areas <endangered environments and resources> in the
4-20 coastal zone <public land>; <and>
4-21 (7) a description of <recommendations for any changes
4-22 necessary in> the organizational structure by which the coastal
4-23 management program is implemented and administered;
4-24 (8) a compilation of state constitutional provisions,
4-25 laws, rules, and judicial decisions under which the state proposes
4-26 to exercise control over the uses of land and water described by
4-27 Subdivision (4);
5-1 (9) a list of each agency or subdivision action that
5-2 may have a direct and significant detrimental impact on coastal
5-3 natural resource areas;
5-4 (10) a list of each federal agency activity and outer
5-5 continental shelf plan that may have a direct and significant
5-6 detrimental impact on coastal natural resource areas;
5-7 (11) a procedure for determining the consistency of an
5-8 agency or subdivision action with a federal agency activity under
5-9 Section 33.205 of this code, adopted by the council under Section
5-10 33.2052 of this code;
5-11 (12) a definition of "beach" and a description of the
5-12 statutory planning process or program for protection of and access
5-13 to public beaches and other public coastal areas of environmental,
5-14 recreational, historical, aesthetic, ecological, or cultural value;
5-15 (13) a description of the statutory planning process
5-16 or program for energy facilities likely to be located in, or that
5-17 may directly and significantly affect, the coastal zone;
5-18 (14) a description of the statutory planning process
5-19 or program for:
5-20 (A) assessing the effects of shoreline erosion;
5-21 (B) studying and evaluating ways to control or
5-22 reduce the impact of shoreline erosion; and
5-23 (C) restoring areas detrimentally affected by
5-24 shoreline erosion;
5-25 (15) a description of the state's statutory program
5-26 regulating non-point source water pollution, as it relates to the
5-27 coastal zone; and
6-1 (16) an explanation of the relationship of specific
6-2 policies of the coastal management program to:
6-3 (A) protection of resources;
6-4 (B) management of coastal development; and
6-5 (C) simplification of governmental procedures.
6-6 (b) For purposes of Subsections (a)(9) and (a)(11) of this
6-7 section, "agency or subdivision action" has the meaning assigned by
6-8 Section 33.203 of this code.
6-9 (c) For purposes of Subsections (a)(10) and (a)(11) of this
6-10 section, "federal agency activity" and "outer continental shelf
6-11 plan" have the meanings assigned by Section 33.203 of this code.
6-12 Sec. 33.054. REVIEW AND AMENDMENT OF COASTAL MANAGEMENT
6-13 PROGRAM. The commissioner may review the coastal management
6-14 program periodically and, with the approval of the council, may
6-15 amend the management program as new information or changed
6-16 conditions may warrant.
6-17 Sec. 33.055. PUBLIC HEARINGS TO CONSIDER COASTAL MANAGEMENT
6-18 PROGRAM. <(a)> In developing, reviewing, or amending the coastal
6-19 management program, after due notice to affected persons and the
6-20 public generally, the commissioner and the council shall hold or
6-21 have held public hearings as the commissioner and the council
6-22 determine <determines> to be appropriate.
6-23 <(b) In reviewing or amending the management program, the
6-24 commissioner may hold or have held public hearings in the manner
6-25 provided in Subsection (a) of this section.>
6-26 SECTION 3. Subchapter F, Chapter 33, Natural Resources Code,
6-27 is amended by amending Sections 33.203, 33.204, 33.205, 33.206,
7-1 33.207, and 33.208, and adding Sections 33.2051 and 33.2052 to read
7-2 as follows:
7-3 Sec. 33.203. DEFINITIONS. In this subchapter:
7-4 (1) "Coastal natural resource areas" means:
7-5 (A) coastal barriers;
7-6 (B) coastal historic areas;
7-7 (C) coastal preserves;
7-8 (D) coastal shore areas;
7-9 (E) coastal wetlands;
7-10 (F) critical dune areas;
7-11 (G) critical erosion areas;
7-12 (H) gulf beaches;
7-13 (I) serpulid worm reefs;
7-14 (J) oyster reefs;
7-15 (K) submerged land;
7-16 (L) special hazard areas;
7-17 (M) submerged aquatic vegetation;
7-18 (N) tidal sand or mud flats;
7-19 (O) water of the open Gulf of Mexico; and
7-20 (P) water under tidal influence <areas
7-21 designated in the coastal management plan as requiring special
7-22 management, including coastal public submerged lands, public
7-23 beaches, washover areas on peninsulas, mainland shorelines, and
7-24 barrier islands, protected sand dune complexes on the Gulf
7-25 shoreline, and parks, historic areas, wildlife refuges, preserves,
7-26 and other such natural resource management areas located within the
7-27 coastal area and designated in the coastal management plan>.
8-1 (2) "Coastal barrier" means an undeveloped area on a
8-2 barrier island, peninsula, or other protected area, as designated
8-3 by United States Fish and Wildlife Service maps.
8-4 (3) "Coastal historic area" means a site that is
8-5 specially identified in rules adopted by the Texas Historical
8-6 Commission or the Antiquities Committee as being coastal in
8-7 character and that is:
8-8 (A) a site on the National Register of Historic
8-9 Places, designated under 16 U.S.C. Section 470a and Part 63,
8-10 Chapter 1, Title 36, Code of Federal Regulations; or
8-11 (B) a state archaeological landmark, as defined
8-12 by Subchapter D, Chapter 191, of this code.
8-13 (4) "Coastal preserve" means any land, including a
8-14 park or wildlife management area, that is owned by the state and
8-15 that is:
8-16 (A) subject to Chapter 26, Parks and Wildlife
8-17 Code, because it is a park, recreation area, scientific area,
8-18 wildlife refuge, or historic site; and
8-19 (B) designated by the Texas Parks and Wildlife
8-20 Commission as being coastal in character.
8-21 (5) "Coastal shore area" means an area within 100 feet
8-22 landward of the highwater mark on submerged land.
8-23 (6) "Coastal wetlands" means wetlands, as the term is
8-24 defined by Section 11.502, Water Code, located:
8-25 (A) seaward of the coastal facility designation
8-26 line established by rules adopted under Chapter 40 of this code;
8-27 (B) within rivers and streams, to the extent of
9-1 tidal influence, as shown on the Texas Natural Resource
9-2 Conservation Commission's stream segment maps;
9-3 (C) within one mile of the mean high tide of the
9-4 portion of river and stream described by Paragraph (B) of this
9-5 subdivision, except as provided by Paragraphs (D) and (E) of this
9-6 subdivision;
9-7 (D) in the case of wetlands bordering the
9-8 portion of the Trinity River described by Paragraph (B) of this
9-9 subdivision:
9-10 (i) within the area located between the
9-11 mean high tide line on the western shoreline of that portion of the
9-12 river and Farm-to-Market Road 565 and Farm-to-Market Road 1409; or
9-13 (ii) within the area located between the
9-14 mean high tide line on the eastern shoreline of that portion of the
9-15 river and Farm-to-Market Road 563; or
9-16 (E) in the case of wetlands bordering the
9-17 portion of the Neches River described by Paragraph (B) of this
9-18 subdivision:
9-19 (i) within one mile from the mean high
9-20 tide line of the western shoreline of that portion of the river
9-21 described by Paragraph (B) of this subdivision; or
9-22 (ii) within the area located between the
9-23 mean high tide line on the eastern shoreline of that portion of the
9-24 river and Farm-to-Market Road 105.
9-25 (7) "Critical dune area" means a protected sand dune
9-26 complex on the Gulf shoreline within 1,000 feet of mean high tide
9-27 designated by the land commissioner under Section 63.121 of this
10-1 code.
10-2 (8) "Critical erosion area" means an area designated
10-3 by the land commissioner under Section 33.601(b) of this code.
10-4 (9) "Gulf beach" means a beach bordering the Gulf of
10-5 Mexico that is:
10-6 (A) located inland from the mean low tide line
10-7 to the natural line of vegetation bordering the seaward shore of
10-8 the Gulf of Mexico; or
10-9 (B) part of a contiguous beach area to which the
10-10 public has a right of use or easement:
10-11 (i) continuously held by the public; or
10-12 (ii) acquired by the public by
10-13 prescription, dedication, or estoppel.
10-14 (10) "Serpulid worm reef" means a discrete and
10-15 contiguous serpulid worm reef located in an intertidal or subtidal
10-16 area, without regard to whether the reef is living or dead.
10-17 (11) "Oyster reef" means a natural or artificial
10-18 formation that is:
10-19 (A) composed of oyster shell, live oysters, and
10-20 other living or dead organisms;
10-21 (B) discrete, contiguous, and clearly
10-22 distinguishable from scattered oyster shell or oysters; and
10-23 (C) located in an intertidal or subtidal area.
10-24 (12) "Special hazard area" means an area designated
10-25 under 42 U.S.C. Section 4001 et seq. as having special flood,
10-26 mudslide or mudflow, or flood-related erosion hazards and shown on
10-27 a flood hazard boundary map or flood insurance rate map as Zone A,
11-1 AO, A1-30, AE, A99, AH, VO, V1-30, VE, V, M, or E.
11-2 (13) "Submerged land" means land located under waters
11-3 under tidal influence or under waters of the open Gulf of Mexico,
11-4 without regard to whether the land is owned by the state or a
11-5 person other than the state.
11-6 (14) "Submerged aquatic vegetation" means rooted
11-7 aquatic vegetation growing in permanently inundated areas in
11-8 estuarine and marine systems.
11-9 (15) "Tidal sand or mud flat" means a silt, clay, or
11-10 sand substrate, without regard to whether it is vegetated by algal
11-11 mats, that occur in intertidal areas and that are regularly or
11-12 intermittently exposed and flooded by tides, including tides
11-13 induced by weather.
11-14 (16) "Water of the open Gulf of Mexico" means water in
11-15 this state, as defined by Section 26.001(5), Water Code, that is
11-16 part of the open water of the Gulf of Mexico and that is within the
11-17 territorial limits of the state.
11-18 (17) "Water under tidal influence" means water in this
11-19 state, as defined by Section 26.001(5), Water Code, that is subject
11-20 to tidal influence according to the Texas Natural Resource
11-21 Conservation Commission's stream segment map. The term includes
11-22 coastal wetlands.
11-23 (18) "Council" means the Coastal Coordination Council,
11-24 which shall consist of the commissioner, the commissioner of
11-25 agriculture <attorney general>, the chair of the Parks and Wildlife
11-26 Commission, the chair of the Texas Natural Resource Conservation
11-27 <Water> Commission, a member of the Railroad Commission of Texas,
12-1 the chair of the Texas Transportation Commission, a member of the
12-2 State Soil and Water Conservation Board appointed by that board, a
12-3 member of the Texas Water Development Board appointed by that
12-4 board, and one city or county elected official, one owner of a
12-5 business located in the coastal area, and one resident from the
12-6 coastal area appointed by the governor for two-year terms.
12-7 (19) <(3)> "Agency or subdivision" means any agency,
12-8 department, board, commission, subdivision, body politic, or other
12-9 government entity or unit.
12-10 (20) <(4)> "Coastal management program <plan>" means
12-11 the program <plan> as developed by the commissioner under Section
12-12 33.052 of this code and approved by the council under Section
12-13 33.204 of this code.
12-14 (21) "Agency or subdivision action" means the adoption
12-15 of a rule or ordinance, an amendment of a rule or ordinance, or the
12-16 issuance of a license or permit, by an agency or subdivision and an
12-17 activity performed by or for the agency or subdivision.
12-18 (22) "Federal agency activity" means a function
12-19 performed by or for a federal agency in the exercise of its
12-20 statutory responsibility, including planning, construction,
12-21 modification, or removal of public works, facilities, or any other
12-22 structure and the acquisition, use, or disposal of land or water
12-23 resources. The term does not include the issuance of a federal
12-24 license or permit or the granting of federal assistance to any
12-25 person or agency.
12-26 (23) "Proposed action" means an agency or subdivision
12-27 action under consideration by the agency or subdivision, but with
13-1 respect to which the agency or subdivision has not made a final
13-2 decision.
13-3 (24) "Outer continental shelf plan" means a plan for
13-4 the exploration or development of, or production from, an area
13-5 leased under the Outer Continental Shelf Lands Act (43 U.S.C.
13-6 Section 1331 et seq.) and the rules adopted under that Act that is
13-7 submitted to the secretary of the United States Department of the
13-8 Interior after federal approval of the coastal management program.
13-9 The term does not include a federal license or permit application.
13-10 Sec. 33.204. APPROVAL <ADOPTION> OF COASTAL MANAGEMENT
13-11 PROGRAM <GOALS AND POLICIES>; REVIEW. (a) The council shall:
13-12 (1) adopt a <promulgate rules adopting the goals and
13-13 policies of the> coastal management program as:
13-14 (A) developed by the commissioner under Section
13-15 33.052 of this code; and
13-16 (B) approved by the council;
13-17 (2) adopt by rule the procedures described by Section
13-18 33.053(11) of this code; and
13-19 (3) study <plan and make studies of> problems and
13-20 issues affecting the management of coastal natural resource areas
13-21 as provided in the program <plan>.
13-22 (b) The council shall meet once in each calendar quarter.
13-23 The commissioner is chair of the council. The chair or any three
13-24 members of the council <and> may convene special meetings at other
13-25 times. For each matter to be reviewed by the council under Section
13-26 33.205 of this code, the governor shall designate a local elected
13-27 official from a county directly affected by the matter under
14-1 review. The local official shall serve as a nonvoting participant
14-2 on the council for purposes of reviewing and acting on that matter
14-3 only.
14-4 (c) In conducting reviews under Section 33.205 of this code,
14-5 the council shall receive and consider the oral or written
14-6 testimony of any person regarding <the goals and policies of> the
14-7 coastal management program as the testimony relates to the agency
14-8 or subdivision action or federal activity under review <plan>. The
14-9 council may reasonably limit the length and format of the testimony
14-10 and the time at which it will be received. Notice of the period
14-11 during which the testimony will be received shall be published in
14-12 the Texas Register and in a newspaper of general circulation in
14-13 each county directly affected by the matter under review before the
14-14 commencement of that period. The council shall consider only the
14-15 record before the agency or subdivision involved in the matter
14-16 under review, the agency's or subdivision's findings, applicable
14-17 laws and rules, any additional information provided by that agency
14-18 or subdivision, and public testimony under this subsection,
14-19 provided that if the agency or subdivision did not hold a hearing,
14-20 make a record, or make findings, the council may hold a hearing and
14-21 make findings necessary to a complete and thorough review.
14-22 (d) The land office shall assist the council in carrying out
14-23 its duties. The council shall not receive compensation for
14-24 services but may receive reimbursement for actual and necessary
14-25 expenses.
14-26 (e) Designation of a coastal shore area as a coastal natural
14-27 resource area under this chapter is intended exclusively to
15-1 authorize the coastal management program to address erosion issues
15-2 within coastal shore areas.
15-3 Sec. 33.205. STANDARDS; SUBMISSION FOR REVIEW. (a) Before
15-4 taking an agency or subdivision action or authorizing an agency or
15-5 subdivision action listed in the coastal management program under
15-6 Section 33.053(9) of this code, an agency or subdivision <All
15-7 actions taken or authorized by state agencies and subdivisions that
15-8 may adversely affect coastal natural resource areas, including
15-9 discharges and withdrawals that may significantly affect water
15-10 quality in state waters subject to tidal influence, must comply
15-11 with the goals and policies of the coastal management plan. In
15-12 developing rules and policies applicable in coastal areas and
15-13 performing actions subject to the requirements of this subsection,
15-14 state agencies and subdivisions> shall take into account the <goals
15-15 and policies of the> coastal management program <plan>.
15-16 (b) The council shall review for consistency any proposed
15-17 action or activity listed in the coastal management program under
15-18 Section 33.053(9) or (10) of this code <subject to the requirements
15-19 of Subsection (a) of this section that the commissioner submits to
15-20 the council for review. The council shall review any action
15-21 subject to the requirements of Subsection (a) of this section> that
15-22 is:
15-23 (1) submitted to the council by the commissioner or
15-24 any three regular members of the council and that is:
15-25 (A) a proposed rule or ordinance of an agency or
15-26 subdivision; or
15-27 (B) a proposed federal activity or outer
16-1 continental shelf plan; or
16-2 (2) any other proposed action that is submitted to the
16-3 council by an agency or subdivision under Section 33.2051(a) of
16-4 this code.
16-5 <(c) An action must be referred to the council within 30
16-6 days of the date it becomes final. The council must consider and
16-7 act on the matter within 90 days of referral.>
16-8 Sec. 33.2051. PROPOSED AGENCY OR SUBDIVISION ACTION. (a)
16-9 An agency or subdivision shall notify the council of a proposed
16-10 agency or subdivision action that the agency or subdivision
16-11 determines presents a significant unresolved issue relating to the
16-12 proposed action's consistency with the coastal management program.
16-13 (b) The agency or subdivision shall stay final decision on
16-14 the proposed action until the 30th day after the date the agency or
16-15 subdivision notifies the council of the proposed action under
16-16 Subsection (a) of this section to allow the council to review the
16-17 action under Section 33.205 of this code. The agency or
16-18 subdivision may extend the period required by this subsection for
16-19 an additional 30 days on request of the council.
16-20 Sec. 33.2052. CONSISTENCY OF FEDERAL AGENCY ACTIVITIES AND
16-21 OUTER CONTINENTAL SHELF PLANS. (a) For purposes of submission and
16-22 approval of the coastal management program under the Coastal Zone
16-23 Management Act of 1972 (16 U.S.C. Section 1451 et seq.), the
16-24 council shall develop a procedure to determine whether federal
16-25 agency activities and outer continental shelf plans are consistent
16-26 with the coastal management program.
16-27 (b) The procedure shall be developed in consultation with
17-1 appropriate federal agencies and may provide a mechanism under
17-2 which a federal agency provides a timely determination as to
17-3 whether a federal agency activity or outer continental shelf plan
17-4 is consistent with the coastal management program. The council
17-5 shall request that the federal agency provide a brief statement
17-6 that:
17-7 (1) indicates whether the proposed federal activity or
17-8 outer continental shelf plan will be undertaken in a manner
17-9 consistent with the coastal management program; and
17-10 (2) includes a detailed description of the proposed
17-11 federal activity adequate to permit an assessment of its probable
17-12 effect on coastal natural resource areas and to support a statement
17-13 of consistency.
17-14 (c) If the council receives from a federal agency a
17-15 determination that a proposed federal activity or outer continental
17-16 shelf plan is consistent with the coastal management plan, the
17-17 activity or outer continental shelf plan is presumed to be
17-18 consistent with the coastal management plan. The council may
17-19 review the determination not later than the 45th day after the date
17-20 the council receives the determination.
17-21 (d) The council may request that a federal agency delay
17-22 final approval of a federal activity, for a period not to exceed 45
17-23 days, if the council determines to review a federal consistency
17-24 determination under Subsection (c) of this section.
17-25 Sec. 33.206. COUNCIL ACTION. (a) After reviewing a
17-26 proposed <an> action of a state agency or subdivision, the council
17-27 may determine its consistency with the coastal management plan and
18-1 approve <affirm> or protest the action of the state agency or
18-2 subdivision.
18-3 (b) If the council protests the action, the council shall
18-4 report its findings on <remand> the matter to the state agency or
18-5 subdivision. The report <remand> shall include findings on
18-6 inconsistencies with the <goals and policies of the> coastal
18-7 management program <plan> and may include recommendations of the
18-8 council. The <On remand, the> state agency or subdivision shall
18-9 review the findings and recommendations and determine whether to
18-10 modify or amend the proposed action to make it consistent with the
18-11 goals and policies of the coastal management program <plan>.
18-12 Should the agency or subdivision decide not to amend its action as
18-13 recommended by the council, it shall notify the council of that
18-14 decision.
18-15 (c) If an agency or subdivision fails to implement the
18-16 recommendation of the council with respect to consistency with the
18-17 coastal management program, the council shall report its findings
18-18 on the matter to the presiding officer of each house of the
18-19 legislature <The state agency's or subdivision's action on remand
18-20 is subject to review by the council as provided in Section 33.205
18-21 of this code. The only basis on which the council may reverse a
18-22 decision of an agency or subdivision is that the action is
18-23 inconsistent with the goals and policies of the coastal management
18-24 plan>.
18-25 (d) <The council shall review any federal action the
18-26 commissioner submits to the council for review.> If, after review,
18-27 the council finds a proposed federal action is not consistent with
19-1 <does not comply with goals and policies of> the coastal management
19-2 program <plan>, and the federal agency does not modify the activity
19-3 to achieve consistency with the program, the governor, with the
19-4 assistance of the chair of the council, may seek mediation of the
19-5 matter in accordance with federal law <refer the matter to any
19-6 federal official authorized to review or act on the matter and may
19-7 pursue resolution of the matter with the federal official>.
19-8 Sec. 33.207. COUNCIL RECOMMENDATIONS. In addition to the
19-9 report required by Section 33.206 of this code, the council:
19-10 (1) may periodically submit recommendations to an
19-11 agency or subdivision designed to encourage the agency or
19-12 subdivision to carry out its functions in a manner consistent with
19-13 the coastal management program, including recommendations for
19-14 methods to simplify governmental procedures and changes in
19-15 applicable rules or statutes; and
19-16 (2) shall report to the legislature on:
19-17 (A) recommended statutory changes needed to make
19-18 more effective and efficient use of public funds and provide for
19-19 more effective and efficient management of coastal natural resource
19-20 areas, including recommendations on methods to simplify
19-21 governmental procedures; and
19-22 (B) agency or subdivision actions that are not
19-23 consistent with the coastal management program. <JUDICIAL REVIEW.
19-24 A person aggrieved by a final action of the council may appeal to a
19-25 district court under the Administrative Procedure and Texas
19-26 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).>
19-27 Sec. 33.208. ENFORCEMENT. The agency or subdivision with
20-1 jurisdiction over a proposed action shall enforce the provisions of
20-2 the coastal management plan in the manner provided for enforcement
20-3 in the rules or ordinances of the state agency or subdivision <The
20-4 attorney general, at the request of the council, shall file in a
20-5 district court of Travis County or in the county in which the
20-6 violation occurs a suit to enforce this subchapter>.
20-7 SECTION 4. The governor shall appoint an owner of a business
20-8 located in a coastal area to the Coastal Coordination Council for a
20-9 term commencing February 1, 1996.
20-10 SECTION 5. The importance of this legislation and the
20-11 crowded condition of the calendars in both houses create an
20-12 emergency and an imperative public necessity that the
20-13 constitutional rule requiring bills to be read on three several
20-14 days in each house be suspended, and this rule is hereby suspended,
20-15 and that this Act take effect and be in force from and after its
20-16 passage, and it is so enacted.