1-1        By:  Berlanga, et al. (Senate Sponsor - Patterson)   H.B. No.
    1-2  3226
    1-3        (In the Senate - Received from the House May 12, 1995;
    1-4  May 15, 1995, read first time and referred to Committee on Natural
    1-5  Resources; May 17, 1995, reported favorably by the following vote:
    1-6  Yeas 10, Nays 0; May 17, 1995, sent to printer.)
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to protection of coastal resources.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 33.004, Natural Resources Code, is
   1-12  amended by amending Subdivision (8) and adding Subdivisions (13)
   1-13  and (14) to read as follows:
   1-14              (8)  "Management program" means the coastal <public
   1-15  land> management program provided by this chapter <and shall
   1-16  include a comprehensive statement in words, maps, illustrations, or
   1-17  other media inventorying coastal public land resources and
   1-18  capabilities and setting forth objectives, policies, and standards
   1-19  to guide planning and to control the utilization of those
   1-20  resources>.
   1-21              (13)  "Council" means the Coastal Coordination Council.
   1-22              (14)  "Coastal zone" means the portion of the coastal
   1-23  area located within the boundaries established by the coastal
   1-24  management program under Section 33.053(a)(1).
   1-25        SECTION 2.  Sections 33.051, 33.052, 33.053, and 33.055,
   1-26  Natural Resources Code, are amended to read as follows:
   1-27        Sec. 33.051.  GENERAL DUTY. The board, the council, and the
   1-28  land office shall perform the duties provided in this subchapter.
   1-29        Sec. 33.052.  DEVELOPMENT OF COASTAL MANAGEMENT PROGRAM.
   1-30  (a)  The commissioner shall develop a continuing comprehensive
   1-31  coastal management program pursuant to the policies stated in
   1-32  Section 33.202 <33.001> of this code.  The program is not effective
   1-33  until approved by a majority of the council under Section 33.204 of
   1-34  this code.
   1-35        (b)  In developing the program, the land office shall act as
   1-36  the lead agency to coordinate and develop a long-term plan for the
   1-37  management of uses affecting coastal natural resource
   1-38  <conservation> areas, in cooperation with other state agencies that
   1-39  have duties relating to coastal matters, including those agencies
   1-40  represented on the council <the Parks and Wildlife Department, the
   1-41  attorney general's office, the Texas Water Commission, the Texas
   1-42  Water Development Board, the State Department of Highways and
   1-43  Public Transportation, and the Railroad Commission of Texas>.  The
   1-44  program <plan> shall implement the policies stated in Section
   1-45  33.202 <33.001> of this code and shall include the elements listed
   1-46  in Section 33.053 of this code.
   1-47        (c)  The council <land office> may appoint and establish
   1-48  procedures for an advisory committee to advise the council and the
   1-49  land office on coastal management issues.  The advisory committee
   1-50  may only include persons with expertise in coastal matters and
   1-51  persons who live in the Texas coastal area.  A member of the
   1-52  advisory committee serves at the pleasure of the council <land
   1-53  office>.  A member is not entitled to compensation for services
   1-54  performed as a member of the committee but may receive
   1-55  reimbursement from land office funds for actual and necessary
   1-56  expenses incurred in attending meetings of the advisory committee.
   1-57        (d)  For purposes of Subsections (a) and (b) of this section,
   1-58  "coastal natural resource <conservation> areas" has the meaning
   1-59  assigned by Section 33.203 of this code <includes beaches and
   1-60  critical dune areas bordering on the seaward shore of the Gulf of
   1-61  Mexico; coastal public submerged lands; washover channels on
   1-62  barrier islands; historic areas, parks, wildlife refuges,
   1-63  preserves, and other such designated natural resource management
   1-64  areas within the coastal area; the water of the open Gulf of
   1-65  Mexico, and the land lying beneath that water within the
   1-66  jurisdiction of the state>.
   1-67        (e)  <The land office may adopt rules to implement this
   1-68  section.>
    2-1        <(f)>  This section does not add to or subtract from the
    2-2  duties and responsibilities of a state agency other than the land
    2-3  office, the council, and the board.
    2-4        <(g)  The land office shall, on September 1 of even-numbered
    2-5  years, present a biennial report to the legislature outlining the
    2-6  status of coastal problems, issues, and programs.>
    2-7        Sec. 33.053.  ELEMENTS OF COASTAL MANAGEMENT PROGRAM.  (a)
    2-8  The coastal management program, in compliance with the Coastal Zone
    2-9  Management Act of 1972 (16 U.S.C. Section 1451 et seq.), shall
   2-10  include the following elements:
   2-11              (1)  an identification of the boundaries of the coastal
   2-12  zone subject to the coastal management program as provided by
   2-13  Section 33.2053(k) <a continuous inventory of coastal public land
   2-14  and water resources including a determination of the extent and
   2-15  location of the coastal public land>;
   2-16              (2)  a continuous analysis of the potential uses for
   2-17  <which> the <coastal public> land and water within the coastal zone
   2-18  <might be used>, including recommendations as to which
   2-19  configurations of uses consonant with the policies of this chapter
   2-20  maximize the benefits conferred on the present and future citizens
   2-21  of Texas;
   2-22              (3)  guidelines on the priority of uses <in coastal
   2-23  public land> within the coastal zone <area>, including specifically
   2-24  those uses of lowest priority;
   2-25              (4)  a list <definition> of the <permissible> uses of
   2-26  the <coastal public> land and water within the coastal zone that
   2-27  are permissible under state law and under agency or subdivision
   2-28  actions described by Sections 33.2051 and 33.2053 and that <and
   2-29  definitions of the uses of adjacent areas which> would have a
   2-30  direct and significant <adverse> impact on the <management or use
   2-31  of> coastal waters <public land or water>;
   2-32              (5)  recommendations as to increments of jurisdiction
   2-33  or authority necessary to protect <coastal public> land and water
   2-34  within the coastal zone from direct and significant detrimental
   2-35  <adverse> consequences flowing from the uses of adjacent land;
   2-36              (6)  an inventory of designated coastal natural
   2-37  resource areas, as defined by Section 33.203, <endangered
   2-38  environments and resources> in the coastal zone <public land>;
   2-39  <and>
   2-40              (7)  a description of <recommendations for any changes
   2-41  necessary in> the organizational structure by which the  coastal
   2-42  management program is implemented and administered;
   2-43              (8)  a compilation of state constitutional provisions,
   2-44  laws, rules, and judicial decisions under which the state proposes
   2-45  to exercise control over the uses of land and water described by
   2-46  Subdivision (4);
   2-47              (9)  a list of each agency or subdivision action, as
   2-48  described by Sections 33.2051 and 33.2053, that may have a direct
   2-49  and significant detrimental impact on coastal natural resource
   2-50  areas;
   2-51              (10)  a list of each federal agency action or activity
   2-52  and each outer continental shelf plan that may have a direct and
   2-53  significant detrimental impact on coastal natural resource areas;
   2-54              (11)  a procedure, as described under Sections 33.205,
   2-55  33.2051, 33.2052, 33.2053, 33.206, 33.208, and 33.209, for
   2-56  determining the consistency of an agency or subdivision action or a
   2-57  federal agency action or activity or outer continental shelf plan
   2-58  with the goals and policies of the coastal management program;
   2-59              (12)  a definition of "gulf beach," as defined by
   2-60  Section 33.203, and a description of the statutory planning process
   2-61  or program for protection of and access to public beaches and other
   2-62  public coastal areas of environmental, recreational, historical,
   2-63  aesthetic, ecological, or cultural value;
   2-64              (13)  a description of the statutory planning process
   2-65  or program for energy facilities likely to be located in, or that
   2-66  may directly and significantly affect, the coastal zone;
   2-67              (14)  a description of the statutory planning process
   2-68  or program for:
   2-69                    (A)  assessing the effects of shoreline erosion;
   2-70                    (B)  studying and evaluating ways to control or
    3-1  reduce the impact of shoreline erosion; and
    3-2                    (C)  restoring areas detrimentally affected by
    3-3  shoreline erosion;
    3-4              (15)  a description of the state's statutory program
    3-5  regulating nonpoint source water pollution, as it relates to the
    3-6  coastal zone; and
    3-7              (16)  an explanation of the relationship of specific
    3-8  policies of the coastal management program to:
    3-9                    (A)  protection of resources;
   3-10                    (B)  management of coastal development; and
   3-11                    (C)  simplification of governmental procedures.
   3-12        (b)  For purposes of Subsections (a)(9) and (a)(11), "agency
   3-13  or subdivision action" has the meaning assigned by Section 33.203.
   3-14        (c)  For purposes of Subsections (a)(10) and (a)(11),
   3-15  "federal agency action," "federal agency activity," and "outer
   3-16  continental shelf plan" have the meanings assigned by Section
   3-17  33.203.
   3-18        Sec. 33.055.  PUBLIC HEARINGS TO CONSIDER COASTAL MANAGEMENT
   3-19  PROGRAM.  <(a)>  In developing, reviewing, or amending  the coastal
   3-20  management program, after due notice to affected persons and the
   3-21  public generally, the commissioner and the council shall hold or
   3-22  have held public hearings as the commissioner and the council
   3-23  determine <determines> to be appropriate.
   3-24        <(b)  In reviewing or amending the management program, the
   3-25  commissioner may hold or have held public hearings in the manner
   3-26  provided in Subsection (a) of this section.>
   3-27        SECTION 3.  Section 33.202(a), Natural Resources Code, is
   3-28  amended to read as follows:
   3-29        (a)  It is declared to be the policy of this state to make
   3-30  more effective and efficient use of public funds and provide for
   3-31  more effective and efficient management of coastal natural resource
   3-32  areas, and to better serve the people of Texas by:
   3-33              (1)  continually reviewing the principal coastal
   3-34  problems of state concern, coordinating the performance of
   3-35  government <agencies, subdivisions, and> programs affecting coastal
   3-36  natural resource areas, and <the> coordinating the measures
   3-37  required to resolve identified coastal problems; and
   3-38              (2)  making all coastal management processes more
   3-39  visible, accessible, coherent, consistent, and accountable to the
   3-40  people of Texas.
   3-41        SECTION 4.  Subchapter F, Chapter 33, Natural Resources Code,
   3-42  is amended by amending Sections 33.203, 33.204, 33.205, 33.206,
   3-43  33.207, and 33.208, and adding Sections 33.2051, 33.2052, 33.2053,
   3-44  33.209, 33.210, and 33.211 to read as follows:
   3-45        Sec. 33.203.  DEFINITIONS.  In this subchapter:
   3-46              (1)  "Coastal natural resource areas" means:
   3-47                    (A)  coastal barriers;
   3-48                    (B)  coastal historic areas;
   3-49                    (C)  coastal preserves;
   3-50                    (D)  coastal shore areas;
   3-51                    (E)  coastal wetlands;
   3-52                    (F)  critical dune areas;
   3-53                    (G)  critical erosion areas;
   3-54                    (H)  gulf beaches;
   3-55                    (I)  hard substrate reefs;
   3-56                    (J)  oyster reefs;
   3-57                    (K)  submerged land;
   3-58                    (L)  special hazard areas;
   3-59                    (M)  submerged aquatic vegetation;
   3-60                    (N)  tidal sand or mud flats;
   3-61                    (O)  water of the open Gulf of Mexico; and
   3-62                    (P)  water under tidal influence <areas
   3-63  designated in the coastal management plan as requiring special
   3-64  management, including coastal public submerged lands, public
   3-65  beaches, washover areas on peninsulas, mainland shorelines, and
   3-66  barrier islands, protected sand dune complexes on the Gulf
   3-67  shoreline, and parks, historic areas, wildlife refuges, preserves,
   3-68  and other such natural resource management areas located within the
   3-69  coastal area and designated in the coastal management plan>.
   3-70              (2)  "Coastal barrier" means an undeveloped area on a
    4-1  barrier island, peninsula, or other protected area, as designated
    4-2  by United States Fish and Wildlife Service maps.
    4-3              (3)  "Coastal historic area" means a site that is
    4-4  specially identified in rules adopted by the Texas Historical
    4-5  Commission or the Antiquities Committee as being coastal in
    4-6  character and that is:
    4-7                    (A)  a site on the National Register of Historic
    4-8  Places, designated under 16 U.S.C. Section 470a and 36 CFR Part 63,
    4-9  Chapter 1; or
   4-10                    (B)  a state archaeological landmark, as defined
   4-11  by Subchapter D, Chapter 191.
   4-12              (4)  "Coastal preserve" means any land, including a
   4-13  park or wildlife management area, that is owned by the state and
   4-14  that is:
   4-15                    (A)  subject to Chapter 26, Parks and Wildlife
   4-16  Code, because it is a park, recreation area, scientific area,
   4-17  wildlife refuge, or historic site; and
   4-18                    (B)  designated by the Parks and Wildlife
   4-19  Commission as being coastal in character.
   4-20              (5)  "Coastal shore area" means an area within 100 feet
   4-21  landward of the highwater mark on submerged land.
   4-22              (6)  "Coastal waters" means waters under tidal
   4-23  influence and waters of the open Gulf of Mexico.
   4-24              (7)  "Coastal wetlands" means wetlands, as the term is
   4-25  defined by Section 11.502, Water Code, located:
   4-26                    (A)  seaward of the coastal facility designation
   4-27  line established by rules adopted under Chapter 40;
   4-28                    (B)  within rivers and streams, to the extent of
   4-29  tidal influence, as shown on the Texas Natural Resource
   4-30  Conservation Commission's stream segment maps;
   4-31                    (C)  within one mile of the mean high tide of the
   4-32  portion of river and stream described by Paragraph (B), except as
   4-33  provided by Paragraphs (D) and (E);
   4-34                    (D)  in the case of wetlands bordering the
   4-35  portion of the Trinity River described by Paragraph (B):
   4-36                          (i)  within the area located between the
   4-37  mean high tide line on the western shoreline of that portion of the
   4-38  river and Farm-to-Market Road 565 and Farm-to-Market Road 1409; or
   4-39                          (ii)  within the area located between the
   4-40  mean high tide line on the eastern shoreline of that portion of the
   4-41  river and Farm-to-Market Road 563; or
   4-42                    (E)  in the case of wetlands bordering the
   4-43  portion of the Neches River described by Paragraph (B):
   4-44                          (i)  within one mile from the mean high
   4-45  tide line of the western shoreline of that portion of the river
   4-46  described by Paragraph (B); or
   4-47                          (ii)  within the area located between the
   4-48  mean high tide line on the eastern shoreline of that portion of the
   4-49  river and Farm-to-Market Road 105.
   4-50              (8)  "Critical area" means a coastal wetland, an oyster
   4-51  reef, a hard substrate reef, submerged aquatic vegetation, or a
   4-52  tidal sand or mud flat.
   4-53              (9)  "Critical dune area" means a protected sand dune
   4-54  complex on the Gulf shoreline within 1,000 feet of mean high tide
   4-55  designated by the land commissioner under Section 63.121.
   4-56              (10)  "Critical erosion area" means an area designated
   4-57  by the land commissioner under Section 33.601(b).
   4-58              (11)  "Gulf beach" means a beach bordering the Gulf of
   4-59  Mexico that is:
   4-60                    (A)  located inland from the mean low tide line
   4-61  to the natural line of vegetation bordering the seaward shore of
   4-62  the Gulf of Mexico; or
   4-63                    (B)  part of a contiguous beach area to which the
   4-64  public has a right of use or easement:
   4-65                          (i)  continuously held by the public; or
   4-66                          (ii)  acquired by the public by
   4-67  prescription, dedication, or estoppel.
   4-68              (12)  "Hard substrate reef" means a naturally occurring
   4-69  hard substrate formation, including a rock outcrop or serpulid worm
   4-70  reef, living or dead, in an intertidal or subtidal area.
    5-1              (13)  "Oyster reef" means a natural or artificial
    5-2  formation that is:
    5-3                    (A)  composed of oyster shell, live oysters, and
    5-4  other living or dead organisms;
    5-5                    (B)  discrete, contiguous, and clearly
    5-6  distinguishable from scattered oyster shell or oysters; and
    5-7                    (C)  located in an intertidal or subtidal area.
    5-8              (14)  "Special hazard area" means an area designated
    5-9  under 42 U.S.C. Section 4001 et seq. as having special flood,
   5-10  mudslide or mudflow, or flood-related erosion hazards and shown on
   5-11  a flood hazard boundary map or flood insurance rate map as Zone A,
   5-12  AO, A1-30, AE, A99, AH, VO, V1-30, VE, V, M, or E.
   5-13              (15)  "Submerged land" means land located under waters
   5-14  under tidal influence or under waters of the open Gulf of Mexico,
   5-15  without regard to whether the land is owned by the state or a
   5-16  person other than the state.
   5-17              (16)  "Submerged aquatic vegetation" means rooted
   5-18  aquatic vegetation growing in permanently inundated areas in
   5-19  estuarine and marine systems.
   5-20              (17)  "Tidal sand or mud flat"  means a silt, clay, or
   5-21  sand substrate, without regard to whether it is vegetated by algal
   5-22  mats, that occur in intertidal areas and that are regularly or
   5-23  intermittently exposed and flooded by tides, including tides
   5-24  induced by weather.
   5-25              (18)  "Water of the open Gulf of Mexico" means water in
   5-26  this state, as defined by Section 26.001(5), Water Code, that is
   5-27  part of the open water of the Gulf of Mexico and that is within the
   5-28  territorial limits of the state.
   5-29              (19)  "Water under tidal influence" means water in this
   5-30  state, as defined by Section 26.001(5), Water Code, that is subject
   5-31  to tidal influence according to the Texas Natural Resource
   5-32  Conservation Commission's stream segment map.  The term includes
   5-33  coastal wetlands.
   5-34              (20)  "Council" means the Coastal Coordination Council,
   5-35  which shall consist of the commissioner, <the attorney general,>
   5-36  the chair of the Parks and Wildlife Commission or a member of the
   5-37  commission designated by the chair, the chair of the Texas Natural
   5-38  Resource Conservation <Water> Commission or a member of the
   5-39  commission designated by the chair, a member of the Railroad
   5-40  Commission of Texas appointed by that commission, the chair of the
   5-41  Texas Water Development Board or a member of the board designated
   5-42  by the chair, the chair of the Texas Transportation Commission or a
   5-43  member of the commission designated by the chair, a member of the
   5-44  State Soil and Water Conservation Board appointed by that board,
   5-45  and one city or county elected official who resides in the coastal
   5-46  area, one owner of a business located in the coastal area who
   5-47  resides in the coastal area, <and> one resident from the coastal
   5-48  area, and a representative of agriculture, each appointed by the
   5-49  governor with the advice and consent of the senate for two-year
   5-50  terms.  The terms of the positions on the council held by the city
   5-51  or county elected official who resides in the coastal area and the
   5-52  resident from the coastal area expire May 31 of each even-numbered
   5-53  year.  The terms of the positions on the council held by the owner
   5-54  of a business located in the coastal area who resides in the
   5-55  coastal area and the representative of agriculture expire May 31 of
   5-56  each odd-numbered year.
   5-57              (21) <(3)>  "Agency or subdivision" means any state
   5-58  agency, department, board, or commission or political subdivision
   5-59  of the state<, subdivision, body politic, or other government
   5-60  entity or unit>.
   5-61              (22) <(4)>  "Coastal management program <plan>" means
   5-62  an ongoing, comprehensive program containing the elements required
   5-63  for approval of a program under the Coastal Zone Management Act of
   5-64  1972 (16 U.S.C.  Section 1451 et seq.) that is designed to
   5-65  coordinate agencies' management of activities that may adversely
   5-66  affect coastal natural resource areas for the purpose of
   5-67  continually making management of those activities more efficient
   5-68  and effective <the plan as developed by the commissioner under
   5-69  Section 33.052 of this code>.
   5-70              (23)  "Agency or subdivision action" means an action
    6-1  described by Section 33.2051 or 33.2053.
    6-2              (24)  "Federal agency activity" means a function
    6-3  performed by or for a federal agency in the exercise of its
    6-4  statutory responsibility, including financial assistance, the
    6-5  planning, construction, modification, or removal of a public work,
    6-6  facility, or any other structure, and the acquisition, use, or
    6-7  disposal of land or water resources.  The term does not include the
    6-8  issuance of a federal license or permit.
    6-9              (25)  "Federal agency action" means a license or permit
   6-10  that a federal agency may issue that represents the proposed
   6-11  federal authorization, approval, or certification needed by the
   6-12  applicant to begin an activity.
   6-13              (26)  "Proposed action" means an agency or subdivision
   6-14  action under consideration by the agency or subdivision, but with
   6-15  respect to which the agency or subdivision has not made a final
   6-16  decision.
   6-17              (27)  "Outer continental shelf plan" means a plan for
   6-18  the exploration or development of, or production from, an area
   6-19  leased under the Outer Continental Shelf Lands Act (43 U.S.C.
   6-20  Section 1331 et seq.) and the rules adopted under that Act that is
   6-21  submitted to the secretary of the United States Department of the
   6-22  Interior after federal approval of the coastal management program.
   6-23        Sec. 33.204.  ADMINISTRATION <ADOPTION> OF COASTAL MANAGEMENT
   6-24  PROGRAM <GOALS AND POLICIES; REVIEW>.  (a)  The council by rule
   6-25  shall adopt <promulgate rules adopting the> goals and policies of
   6-26  the coastal management program.  A goal or policy may not require
   6-27  an agency or subdivision to perform an action that would exceed the
   6-28  constitutional or statutory authority of the agency or subdivision
   6-29  to which the goal or policy applies <plan and make studies of
   6-30  problems and issues affecting the management of coastal natural
   6-31  resource areas as provided in the plan>.
   6-32        (b)  The council shall meet once in each calendar quarter.
   6-33  The commissioner is chair of the council.  The chair or any three
   6-34  members of the council <and> may convene special meetings at other
   6-35  times.
   6-36        (c)  Except as provided by Sections 33.205(c)(3) and
   6-37  33.206(a), the council may act on the agreement of a majority of a
   6-38  quorum of the council.
   6-39        (d)  For each matter to be reviewed by the council under
   6-40  Section 33.205(c) or (d) <33.205> of this code, the governor shall
   6-41  designate a local elected official from a county or municipality
   6-42  directly affected by the matter under review.  The local official
   6-43  shall serve as a nonvoting participant on the council for purposes
   6-44  of reviewing and acting on that matter only.
   6-45        (e) <(c)>  In conducting reviews under Section 33.205 of this
   6-46  code, the council shall receive and consider the oral or written
   6-47  testimony of any person regarding <the goals and policies of> the
   6-48  coastal management program as the testimony relates to the agency
   6-49  or subdivision action or federal agency action or activity or outer
   6-50  continental shelf plan under review <plan>. The council may
   6-51  reasonably limit the length and format of the testimony and the
   6-52  time at which it will be received.  Notice of the period during
   6-53  which the testimony will be received shall be published in the
   6-54  Texas Register and in a newspaper of general circulation in each
   6-55  county directly affected by the matter under review before the
   6-56  commencement of that period. The council shall consider only the
   6-57  record before the agency or subdivision involved in the matter
   6-58  under review, the agency's or subdivision's findings, applicable
   6-59  laws and rules, any additional information provided by that agency
   6-60  or subdivision, and public testimony under this subsection,
   6-61  provided that if the agency or subdivision did not hold a hearing,
   6-62  make a record, or make findings, the council may hold a hearing and
   6-63  make findings necessary to a complete and thorough review.
   6-64        (f) <(d)>  The land office shall assist the council in
   6-65  carrying out its duties.  The council members may <shall> not
   6-66  receive compensation for services but may receive reimbursement for
   6-67  actual and necessary expenses.  The land office, in coordination
   6-68  with other agencies and subdivisions, shall prepare an annual
   6-69  report on the effectiveness of the coastal management program.  The
   6-70  land office shall submit the report to the council for approval.
    7-1  On or before January 15 of each odd-numbered year, the land office
    7-2  shall send to the legislature each of the previous two annual
    7-3  reports.
    7-4        Sec. 33.205.  CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM;
    7-5  COUNCIL <STANDARDS; SUBMISSION FOR> REVIEW.  (a)  An agency or
    7-6  subdivision that takes an agency or subdivision action described by
    7-7  Section 33.2051 or 33.2053 <All actions taken or authorized by
    7-8  state agencies and subdivisions> that may adversely affect a
    7-9  coastal natural resource area shall <areas, including discharges
   7-10  and withdrawals that may significantly affect water quality in
   7-11  state waters subject to tidal influence, must> comply with the
   7-12  goals and policies of the coastal management program.
   7-13        (b)  An agency or subdivision subject to the requirements of
   7-14  Subsection (a) <plan.  In developing rules and policies applicable
   7-15  in coastal areas and performing actions subject to the requirements
   7-16  of this subsection, state agencies and subdivisions> shall affirm
   7-17  that it has taken <take> into account the goals and policies of the
   7-18  coastal management program by issuing a written determination that
   7-19  a proposed action described by Section 33.2051 or 33.2053 is
   7-20  consistent with the program goals and policies <plan>.
   7-21        (c) <(b)>  The council may not <shall> review a proposed
   7-22  <any> action subject to the requirements of Subsections
   7-23  <Subsection> (a) and (b) of this section for consistency with the
   7-24  goals and policies of the coastal management program unless:
   7-25              (1)  the consistency determination for the proposed
   7-26  action was contested by:
   7-27                    (A)  a council member or an agency that was a
   7-28  party in a formal hearing under Chapter 2001, Government Code, or
   7-29  in an alternative dispute resolution process; or
   7-30                    (B)  a council member or other person by the
   7-31  filing of written comments with the agency before the action was
   7-32  proposed if the proposed action is one for which a formal hearing
   7-33  under Chapter 2001, Government Code, is not available;
   7-34              (2)  a person described by Subdivision (1) of this
   7-35  subsection files a request for referral alleging a significant
   7-36  unresolved dispute regarding the proposed action's consistency with
   7-37  the goals and policies of the coastal management program; and
   7-38              (3)  <that the commissioner submits to the council for
   7-39  review.  The council shall review any action subject to the
   7-40  requirements of Subsection (a) of this section that is submitted to
   7-41  the council by> any three regular members of the council agree that
   7-42  there is a significant unresolved dispute regarding the proposed
   7-43  action's consistency with the goals and policies of the coastal
   7-44  management program and the matter is placed on the agenda for a
   7-45  council meeting<.>
   7-46        <(c)  An action must be referred to the council within 30
   7-47  days of the date it becomes final>.
   7-48        (d)  If consistency review thresholds are in effect under
   7-49  Section 33.2052, the council may not review a proposed action
   7-50  subject to the requirements of Subsections (a) and (b) for
   7-51  consistency with the goals and policies of the coastal management
   7-52  program unless the requirements of Subsection (c) are satisfied
   7-53  and:
   7-54              (1)  if the proposed action is one for which a formal
   7-55  hearing under Chapter 2001, Government Code, is available:
   7-56                    (A)  the action exceeds the applicable thresholds
   7-57  and the agency's consistency determination was contested in a
   7-58  formal hearing or in an alternative dispute resolution process; or
   7-59                    (B)  the action does not exceed the applicable
   7-60  thresholds but may directly and adversely affect a critical area,
   7-61  critical dune area, coastal park, wildlife management area or
   7-62  preserve, or gulf beach and a state agency contested the agency's
   7-63  consistency determination in a formal hearing; or
   7-64              (2)  if the proposed action is one for which a formal
   7-65  hearing under Chapter 2001, Government Code, is not available to
   7-66  contest the agency's determination, the action exceeds the
   7-67  applicable thresholds.
   7-68        (e)  The council must consider and act on a matter referred
   7-69  under Subsection (c) or (d) before the 26th day after the date the
   7-70  agency or subdivision proposed the action.  For purposes of this
    8-1  section, an action subject to the contested case provisions of
    8-2  Chapter 2001, Government Code, is proposed when notice of a
    8-3  decision or order is issued under Section 2001.142, Government Code
    8-4  <the matter within 90 days of referral>.
    8-5        (f)  The council by rule shall establish a process by which
    8-6  an applicant for a permit or other proposed action described in
    8-7  Section 33.2053, or an agency or subdivision proposing an action,
    8-8  may request and receive a preliminary consistency review.  The
    8-9  rules shall:
   8-10              (1)  create a permitting assistance group composed of
   8-11  representatives of council member agencies and other interested
   8-12  council members to coordinate the preliminary reviews; and
   8-13              (2)  require that the following written information be
   8-14  produced not later than the 45th day after the date of the request
   8-15  for preliminary review:
   8-16                    (A)  a statement from each agency or subdivision
   8-17  required to permit or approve the project as to whether the agency
   8-18  or subdivision anticipates approving or denying the application;
   8-19                    (B)  if an agency or subdivision intends to deny
   8-20  an application, the agency's or subdivision's explanation of the
   8-21  grounds for denial and recommendations for resolving the grounds in
   8-22  a way that would allow the application to be approved;
   8-23                    (C)  if enough information is already available,
   8-24  a preliminary finding as to whether the project is likely to be
   8-25  found consistent with the goals and policies of the coastal
   8-26  management program; and
   8-27                    (D)  if the project is likely to be found
   8-28  inconsistent with the goals and policies of the coastal management
   8-29  program, an explanation and recommendation for resolving the
   8-30  inconsistency in a way that would allow the project to be found
   8-31  consistent.
   8-32        (g)  The council by rule shall establish a process by which
   8-33  an individual or small business may request and receive assistance
   8-34  with filing applications for permits or other proposed actions
   8-35  described by Section 33.2053.  The rules shall provide for:
   8-36              (1)  the coordination of preapplication assistance
   8-37  through the permitting assistance group; and
   8-38              (2)  the provision of the following, by the permitting
   8-39  assistance group, to an individual or a small business, on request:
   8-40                    (A)  a list of the permits or other approvals
   8-41  necessary for the project;
   8-42                    (B)  a simple, understandable statement of all
   8-43  permit requirements;
   8-44                    (C)  a coordinated schedule for each agency's or
   8-45  subdivision's decision on the action;
   8-46                    (D)  a list of all the information the agencies
   8-47  or subdivisions need to declare the applications for the permits or
   8-48  other approvals administratively complete;
   8-49                    (E)  assistance in completing the applications as
   8-50  needed; and
   8-51                    (F)  if enough information is already available,
   8-52  a preliminary finding as to whether the project is likely to be
   8-53  found consistent with the goals and policies of the coastal
   8-54  management program.
   8-55        (h)  If an agency, subdivision, or applicant has received a
   8-56  preliminary finding of consistency under Subsection (f)(2)(C) or
   8-57  (g)(2)(F) and a request for referral was filed on that action under
   8-58  Subsection (c)(2), the council may accept the request for referral
   8-59  only if the agency or subdivision has substantially changed the
   8-60  permit or proposed action since the preliminary finding was issued.
   8-61        Sec. 33.2051.  AGENCY RULEMAKING ACTIONS.  (a)  The land
   8-62  office shall comply with Sections 33.205(a) and (b) when adopting
   8-63  or amending a rule governing the prevention of, response to, or
   8-64  remediation of a coastal oil spill.
   8-65        (b)  The Texas Natural Resource Conservation Commission shall
   8-66  comply with Sections 33.205(a) and (b) when adopting or amending a
   8-67  rule governing:
   8-68              (1)  air pollutant emissions;
   8-69              (2)  on-site sewage disposal systems; or
   8-70              (3)  underground storage tanks.
    9-1        (c)  The State Soil and Water Conservation Board shall comply
    9-2  with Sections 33.205(a) and (b) when adopting or amending a rule
    9-3  governing agricultural or silvicultural nonpoint source pollution.
    9-4        (d)  An agency shall comply with Sections 33.205(a) and (b)
    9-5  when adopting or amending a rule governing an individual action
    9-6  described by Section 33.2053.
    9-7        (e)  The council may not review a proposed rule of the Texas
    9-8  Department of Agriculture.
    9-9        Sec. 33.2052.  CERTIFICATION OF AGENCY RULES; AGENCY ACTIONS
   9-10  CONSIDERED CONSISTENT.  (a)  The council by rule shall establish a
   9-11  process by which an agency may submit rules and rule amendments
   9-12  described by Section 33.2051 to the council for review and
   9-13  certification for consistency with the goals and policies of the
   9-14  coastal management program.
   9-15        (b)  The process must provide that an agency may submit to
   9-16  the council consistency review thresholds for the agency's actions
   9-17  described in Section 33.2053.  After the council certifies that an
   9-18  agency's rules are consistent and approves the agency's thresholds,
   9-19  the agency's consistency determination under Section 33.205(b) for
   9-20  an action is final and is not subject to referral and review,
   9-21  except as provided by Section 33.205(d).
   9-22        (c)  The council by rule shall provide that the council may
   9-23  revoke its certification under Subsection (b) if the council finds
   9-24  that an agency has:
   9-25              (1)  implemented certified rules in a manner that
   9-26  conflicts with the goals and policies of the coastal management
   9-27  program; or
   9-28              (2)  amended certified rules in a manner inconsistent
   9-29  with the goals and policies of the coastal management program.
   9-30        Sec. 33.2053.  INDIVIDUAL AGENCY OR SUBDIVISION ACTIONS.  (a)
   9-31  The land office, the School Land Board, or a board for lease of
   9-32  state-owned lands shall comply with Sections 33.205(a) and (b) when
   9-33  issuing or approving:
   9-34              (1)  a mineral lease plan of operations;
   9-35              (2)  a geophysical or geochemical permit;
   9-36              (3)  a coastal easement;
   9-37              (4)  a miscellaneous easement;
   9-38              (5)  a coastal lease;
   9-39              (6)  a surface lease;
   9-40              (7)  a structure registration;
   9-41              (8)  a cabin permit;
   9-42              (9)  a navigation district lease;
   9-43              (10)  certification of a local government beach access
   9-44  or dune protection plan; or
   9-45              (11)  an agency or subdivision wetlands mitigation
   9-46  bank.
   9-47        (b)  The Public Utility Commission of Texas shall comply with
   9-48  Sections 33.205(a) and (b) when issuing a certificate of
   9-49  convenience and necessity.
   9-50        (c)  The Railroad Commission of Texas shall comply with
   9-51  Sections 33.205(a) and (b) when issuing:
   9-52              (1)  a wastewater discharge permit;
   9-53              (2)  a waste disposal or storage pit permit; or
   9-54              (3)  a certification of a federal permit for the
   9-55  discharge of dredge or fill material.
   9-56        (d)  The Texas Transportation Commission shall comply with
   9-57  Sections 33.205(a) and (b) when approving:
   9-58              (1)  an acquisition of a site for the placement or
   9-59  disposal of dredge material from, or the expansion, relocation, or
   9-60  alteration of, the Gulf Intracoastal Waterway; or
   9-61              (2)  a transportation construction project or
   9-62  maintenance program.
   9-63        (e)  The Texas Historical Commission and the Antiquities
   9-64  Committee shall comply with Sections 33.205(a) and (b) when
   9-65  issuing:
   9-66              (1)  a permit for destruction, alteration, or taking of
   9-67  a coastal historic area; or
   9-68              (2)  a review of a federal undertaking affecting a
   9-69  coastal historic area.
   9-70        (f)  The Texas Natural Resource Conservation Commission shall
   10-1  comply with Sections 33.205(a) and (b) when issuing or approving:
   10-2              (1)  a wastewater discharge permit;
   10-3              (2)  a permit for a new concentrated animal feeding
   10-4  operation located one mile or less from a critical area or coastal
   10-5  waters;
   10-6              (3)  a permit for solid or hazardous waste treatment,
   10-7  storage, or disposal;
   10-8              (4)  creation of a special purpose district or approval
   10-9  of bonds for the purpose of construction of infrastructure on
  10-10  coastal barriers;
  10-11              (5)  levee improvement or flood control projects;
  10-12              (6)  a certification of a federal permit for the
  10-13  discharge of dredge or fill material;
  10-14              (7)  a declaration of an emergency and request for an
  10-15  emergency release of water;
  10-16              (8)  a new permit for an annual appropriation of:
  10-17                    (A)  5,000 or more acre-feet of water within the
  10-18  program boundary; or
  10-19                    (B)  10,000 or more acre-feet of water outside
  10-20  the program boundary but within 200 stream miles of the coast;
  10-21              (9)  an amendment to a water permit for an increase in
  10-22  an annual appropriation of:
  10-23                    (A)  5,000 or more acre-feet of water within the
  10-24  program boundary; or
  10-25                    (B)  10,000 or more acre-feet of water outside
  10-26  the program boundary but within 200 stream miles of the coast; or
  10-27              (10)  a change in the purpose of use of an annual
  10-28  appropriation of water to a more consumptive use of:
  10-29                    (A)  5,000 or more acre-feet of water within the
  10-30  program boundary; or
  10-31                    (B)  10,000 or more acre-feet of water outside
  10-32  the program boundary but within 200 stream miles of the coast.
  10-33        (g)  The council may not review an action of the Texas
  10-34  Natural Resource Conservation Commission described by Subsections
  10-35  (f)(8)-(10) taken to implement a part of the Trans-Texas Water
  10-36  Program that the Trans-Texas Water Program Policy Management
  10-37  Committee has found to be consistent with the goals and policies of
  10-38  the coastal management program.  To find that the program is
  10-39  consistent with the goals and policies, the Trans-Texas Water
  10-40  Program Policy Management Committee must:
  10-41              (1)  include at least three members of the council, or
  10-42  representatives of those members, as voting members of the
  10-43  committee; and
  10-44              (2)  make the finding by a majority vote of those
  10-45  members or their representatives.
  10-46        (h)  The Parks and Wildlife Department shall comply with
  10-47  Sections 33.205(a) and (b) when issuing or approving:
  10-48              (1)  an oyster lease;
  10-49              (2)  a permit for taking, transporting, or possessing
  10-50  threatened or endangered species;
  10-51              (3)  a permit for disturbing marl, sand, shell, or
  10-52  gravel on state-owned land; or
  10-53              (4)  development by a person other than the Parks and
  10-54  Wildlife Department that requires the use or taking of any public
  10-55  land in a state park, wildlife management area, or preserve.
  10-56        (i)  A subdivision shall comply with Sections 33.205(a) and
  10-57  (b) when issuing a dune protection permit or beachfront
  10-58  construction certificate that authorizes:
  10-59              (1)  construction activity that is located 200 feet or
  10-60  less landward of the line of vegetation and that results in the
  10-61  disturbance of more than 7,000 square feet of dunes or dune
  10-62  vegetation;
  10-63              (2)  construction activity that results in the
  10-64  disturbance of more than 7,500 cubic yards of dunes;
  10-65              (3)  a coastal shore protection project undertaken on a
  10-66  gulf beach or 200 feet or less landward of the line of vegetation
  10-67  and that affects more than 500 linear feet of gulf beach; or
  10-68              (4)  a closure, relocation, or reduction in existing
  10-69  public beach access or public beach access designated in an
  10-70  approved local government beach access plan, other than for a short
   11-1  term.
   11-2        (j)  An action to renew, amend, or modify an existing permit,
   11-3  certificate, lease, easement, approval, or other action is not an
   11-4  action under this section if the action is taken under a rule that
   11-5  the council has certified under Section 33.2052 and:
   11-6              (1)  for a wastewater discharge permit, if the action
   11-7  is not a major permit modification that would:
   11-8                    (A)  increase pollutant loads to coastal waters;
   11-9  or
  11-10                    (B)  result in relocation of an outfall to a
  11-11  critical area;
  11-12              (2)  for solid, hazardous, or nonhazardous waste
  11-13  permits, if the action is not a Class III modification under rules
  11-14  of the Texas Natural Resource Conservation Commission; or
  11-15              (3)  for any other action, if the action:
  11-16                    (A)  only extends the period of the existing
  11-17  authorization and does not authorize new or additional work or
  11-18  activity; or
  11-19                    (B)  is not directly relevant to Sections
  11-20  33.205(a) and (b).
  11-21        (k)  The council shall establish a program boundary to limit
  11-22  the geographic area in which the requirements of Sections 33.205(a)
  11-23  and (b) apply.  The boundary is the coastal facility designation
  11-24  line as defined by Appendix 1 to 31 TAC Section 19.2 as that
  11-25  appendix existed on the effective date of this section, as modified
  11-26  by Section 33.203(7).  Except as provided by Subsections
  11-27  (f)(8)-(10), this subchapter does not apply to an agency action
  11-28  authorizing an activity outside the program boundary.
  11-29        Sec. 33.206.  COUNCIL ACTION.  (a)  A proposed action is
  11-30  consistent with the goals and policies of the coastal management
  11-31  program and approved by the council unless, on the affirmative vote
  11-32  of at least two-thirds of the members of the council, the council
  11-33  determines the action to be inconsistent with the coastal
  11-34  management program and protests  <After reviewing an action of a
  11-35  state agency or subdivision, the council may affirm or protest> the
  11-36  action <of the state agency or subdivision>.
  11-37        (b)  If the council protests the proposed action, the council
  11-38  shall report its findings on <remand> the matter to the <state>
  11-39  agency or subdivision.  The report <remand> shall specify how the
  11-40  proposed action is inconsistent <include findings on
  11-41  inconsistencies> with the goals and policies of the coastal
  11-42  management program <plan> and <may> include specific
  11-43  recommendations of the council regarding how the proposed action
  11-44  may be modified or amended to make it consistent with the program.
  11-45  Before the 21st day after the date the agency or subdivision
  11-46  receives the report, the<.  On remand, the state> agency or
  11-47  subdivision shall review the findings and recommendations and
  11-48  determine whether to modify or amend the proposed action to make it
  11-49  consistent with the goals and policies of the coastal management
  11-50  program and <plan.  Should the agency or subdivision decide not to
  11-51  amend its action as recommended by the council, it> shall notify
  11-52  the council of its <that> decision.
  11-53        (c)  If an agency or subdivision does not modify or amend a
  11-54  proposed action to be consistent with the goals and policies of the
  11-55  coastal management program, the council shall request the attorney
  11-56  general to issue an opinion on the consistency of the proposed
  11-57  action with the coastal management program.  The agency or
  11-58  subdivision is stayed from taking the proposed action until the
  11-59  attorney general issues the opinion.  The attorney general shall
  11-60  issue an opinion before the 26th day after the date the council
  11-61  requests the opinion.  <The state agency's or subdivision's action
  11-62  on remand is subject to review by the council as provided in
  11-63  Section 33.205 of this code.  The only basis on which the council
  11-64  may reverse a decision of an agency or subdivision is that the
  11-65  action is inconsistent with the goals and policies of the coastal
  11-66  management plan.>
  11-67        (d)  The council shall adopt procedural rules for the review
  11-68  of federal actions, activities, and outer continental shelf plans
  11-69  that incorporate the provisions of federal regulations governing
  11-70  those reviews.  The rules shall provide that the chair or any three
   12-1  members may request additional information from a federal agency or
   12-2  additional time for review as provided by the federal regulations.
   12-3        (e)  The council shall review any federal action, activity,
   12-4  or outer continental shelf plan that any three members of the
   12-5  council agree presents a significant unresolved issue regarding
   12-6  consistency with the goals and policies of the coastal management
   12-7  program and place the matter on the agenda of a meeting of <the
   12-8  commissioner submits to> the council for review.
   12-9        (f)  If an activity requiring an agency or subdivision action
  12-10  described by Section 33.2053 that falls below thresholds in effect
  12-11  under Section 33.2052 also requires an equivalent federal permit or
  12-12  license, the council may only determine the agency or subdivision
  12-13  action's consistency.  If an activity requiring an agency or
  12-14  subdivision action above thresholds requires an equivalent federal
  12-15  permit or license, the council may determine the consistency of the
  12-16  agency or subdivision action or the federal license or permit, but
  12-17  not both.  The determination regarding the consistency of an action
  12-18  made by the council under this subsection constitutes the state's
  12-19  determination regarding consistency of the equivalent agency or
  12-20  subdivision action or federal action.
  12-21        (g)  If, after review, the council finds a proposed federal
  12-22  agency action or activity or outer continental shelf plan is
  12-23  inconsistent with <does not comply with goals and policies of> the
  12-24  coastal management program <plan>, and the federal agency does not
  12-25  modify the action, activity, or outer continental shelf plan to
  12-26  achieve consistency with the program, the governor, with the
  12-27  assistance of the chair of the council, may seek mediation of the
  12-28  matter in accordance with federal law <refer the matter to any
  12-29  federal official authorized to review or act on the matter and may
  12-30  pursue resolution of the matter with the federal official>.
  12-31        (h)  The council may not protest a proposed action by an
  12-32  agency or subdivision pertaining to an application filed with that
  12-33  agency or subdivision before the date the coastal management
  12-34  program is adopted.
  12-35        Sec. 33.207.  COUNCIL RECOMMENDATIONS.  In addition to the
  12-36  report required by Section 33.206, the council:
  12-37              (1)  may periodically submit recommendations to an
  12-38  agency or subdivision designed to encourage the agency or
  12-39  subdivision to carry out its functions in a manner consistent with
  12-40  the coastal management program, including recommendations for
  12-41  methods to simplify governmental procedures and changes in
  12-42  applicable rules or statutes; and
  12-43              (2)  shall report to the legislature on:
  12-44                    (A)  recommended statutory changes needed to make
  12-45  more effective and efficient use of public funds and provide for
  12-46  more effective and efficient management of coastal natural resource
  12-47  areas, including recommendations on methods to simplify
  12-48  governmental procedures; and
  12-49                    (B)  agency or subdivision actions that are not
  12-50  consistent with the coastal management program.  <JUDICIAL REVIEW.
  12-51  A person aggrieved by a final action of the council may appeal to a
  12-52  district court under the Administrative Procedure and Texas
  12-53  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).>
  12-54        Sec. 33.208.  ENFORCEMENT.  (a)  The agency or subdivision
  12-55  with jurisdiction over a proposed action shall enforce the
  12-56  provisions of the coastal management program.
  12-57        (b)  If the attorney general issues an opinion under Section
  12-58  33.206(c) that a proposed agency or subdivision action is
  12-59  inconsistent with the coastal management program and the agency or
  12-60  subdivision fails to implement the council's recommendation
  12-61  regarding the action, the <The> attorney general<, at the request
  12-62  of the council,> shall file suit in a district court of Travis
  12-63  County <or in the county in which the violation occurs a suit> to
  12-64  enforce this subchapter.  The court shall consider the attorney
  12-65  general's opinion in determining whether the proposed action is
  12-66  consistent with the coastal management program.
  12-67        (c)  Notwithstanding the request of an opinion from, or the
  12-68  filing of suit by, the attorney general, the council and the agency
  12-69  or subdivision may enter into a settlement agreement with regard to
  12-70  the proposed action.  If the council and the agency or subdivision
   13-1  enter into a settlement agreement, the council may rescind its
   13-2  request for an opinion from the attorney general.
   13-3        Sec. 33.209.  PROHIBITION ON SPECIAL AREA MANAGEMENT PLANS.
   13-4  The council may not develop or approve a special area management
   13-5  plan, including a plan for an area designated under the national
   13-6  estuary program.
   13-7        Sec. 33.210.  PRIVATE PROPERTY.  The requirements of this
   13-8  subchapter may not be applied in a manner that would result in the
   13-9  taking, damage, or destruction of property without adequate
  13-10  compensation.
  13-11        Sec. 33.211.  SUNSET PROVISION.  The Coastal Coordination
  13-12  Council is subject to Chapter 325, Government Code (Texas Sunset
  13-13  Act).  Unless continued in existence as provided by that chapter,
  13-14  the council is abolished and this subchapter expires September 1,
  13-15  1999.
  13-16        SECTION 5.  As soon as possible on or after the effective
  13-17  date of this Act, the governor shall appoint to the Coastal
  13-18  Coordination Council:
  13-19              (1)  a city or county elected official who resides in
  13-20  the coastal area, if a vacancy occurs in that position on the
  13-21  council;
  13-22              (2)  a resident from the coastal area, if a vacancy
  13-23  occurs in that position on the council;
  13-24              (3)  an owner of a business located in the coastal area
  13-25  who resides in the coastal area; and
  13-26              (4)  a representative of agriculture.
  13-27        SECTION 6.  The legislature intends that, subject to Chapter
  13-28  33, Natural Resources Code, as amended by this Act, the coastal
  13-29  management program submitted by the governor under 16 U.S.C.
  13-30  Section 1455 on or after the effective date of this Act be as
  13-31  similar to the coastal management program submitted before the
  13-32  effective date of this Act as is practicable.
  13-33        SECTION 7.  If the secretary of the United States Department
  13-34  of Commerce and the administrator of the United States
  13-35  Environmental Protection Agency find Texas has failed to submit an
  13-36  approvable coastal nonpoint pollution control program as required
  13-37  by 16 U.S.C. Section 1455b, which would result in the withholding
  13-38  of money under 16 U.S.C. Sections 1455b(c)(3) and (4), the governor
  13-39  shall withdraw any coastal management program developed under
  13-40  Chapter 33, Natural Resources Code, that has been:
  13-41              (1)  approved by the secretary of the United States
  13-42  Department of Commerce; or
  13-43              (2)  submitted to the secretary of the United States
  13-44  Department of Commerce for approval under 16 U.S.C. Section 1455.
  13-45        SECTION 8.  The importance of this legislation and the
  13-46  crowded condition of the calendars in both houses create an
  13-47  emergency and an imperative public necessity that the
  13-48  constitutional rule requiring bills to be read on three several
  13-49  days in each house be suspended, and this rule is hereby suspended,
  13-50  and that this Act take effect and be in force from and after its
  13-51  passage, and it is so enacted.
  13-52                               * * * * *