By:  Truan                                             S.B. No. 648
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to limiting the authority of the Coastal Coordination
    1-2  Council to review the actions of agencies and subdivisions,
    1-3  defining the scope of the coastal management program, and adding
    1-4  representatives of the State Soil and Water Conservation Board and
    1-5  the Texas Water Development Board to the Coastal Coordination
    1-6  Council.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Subchapter F, Chapter 33, Natural Resources Code,
    1-9  is amended to read as follows:
   1-10                  SUBCHAPTER F.  COASTAL COORDINATION
   1-11        Sec. 33.201.  Short Title.  This subchapter may be cited as
   1-12  the Coastal Coordination Act.
   1-13        Sec. 33.202.  Policy.  (a)  It is declared to be the policy
   1-14  of this state to make more effective and efficient use of public
   1-15  funds and provide for more effective and efficient management of
   1-16  coastal natural resource areas, and to better serve the people of
   1-17  Texas by:
   1-18              (1)  continually reviewing the principal coastal
   1-19  problems of state concern, coordinating the performance of
   1-20  agencies, subdivisions, and programs affecting coastal natural
   1-21  resource areas, and <the> coordinating the measures required to
   1-22  resolve identified coastal problems; and
   1-23              (2)  making all coastal management processes more
    2-1  visible, accessible, coherent, consistent, and accountable to the
    2-2  people of Texas.
    2-3        (b)  It is declared to be the policy of this state that the
    2-4  chief executive officer of the state should represent the State of
    2-5  Texas in discussions and negotiations with the federal government
    2-6  with regard to the effect of federal actions on the coastal
    2-7  programs and policies of the State of Texas.
    2-8        Sec. 33.203.  Definitions.  In this subchapter:
    2-9              (1)  "Coastal natural resource areas" means coastal
   2-10  barriers, coastal historic areas, coastal parks, wildlife
   2-11  management areas, preserves, coastal shore areas, coastal wetlands,
   2-12  critical dune areas, critical erosion areas, Gulf beaches, hard
   2-13  substrate reefs, oyster reefs, private submerged lands, special
   2-14  hazard areas, state submerged lands, submerged aquatic vegetation,
   2-15  tidal sand and mud flats, waters of the open Gulf of Mexico, and
   2-16  waters under tidal influence <areas designated in the coastal
   2-17  management plan as requiring special management, including coastal
   2-18  public submerged lands, public beaches, washover areas on
   2-19  peninsulas, mainland shorelines, and barrier islands, protected
   2-20  sand dune complexes on the Gulf shoreline, and parks, historic
   2-21  areas, wildlife refuges, preserves, and other such natural resource
   2-22  management areas> located within the coastal area <and designated
   2-23  in the coastal management plan>.
   2-24              (2)  "Critical areas" means coastal wetlands, oyster
   2-25  reefs, hard substrate reefs, submerged aquatic vegetation, and
    3-1  tidal sand and mud flats.
    3-2              (3)  "Council" means the Coastal Coordination Council,
    3-3  which shall consist of the commissioner, the attorney general, the
    3-4  chair of the Parks and Wildlife Commission, the chair of the Texas
    3-5  Natural Resource Conservation <Water> Commission, the chair of the
    3-6  Texas Water Development Board, a member of the State Soil and Water
    3-7  Conservation Board, a member of the Railroad Commission of Texas,
    3-8  and one city or county elected official and one resident from the
    3-9  coastal area appointed by the governor for two-year terms.
   3-10              (4) <(3)>  "Agency or subdivision" means any agency,
   3-11  department, board, commission, subdivision, body politic, or other
   3-12  government entity or unit.
   3-13              (5) <(4)>  "Coastal management program <plan>" means an
   3-14  ongoing, comprehensive program for coordinating agencies' and
   3-15  subdivisions' management of activities that may adversely affect
   3-16  coastal natural resource areas for the purpose of continually
   3-17  improving management of those activities as provided in Section
   3-18  33.202 <the plan as developed by the commissioner under Section
   3-19  33.052> of this code.
   3-20        Sec. 33.204.  ADMINISTRATION OF COASTAL MANAGEMENT PROGRAM
   3-21  <ADOPTION OF COASTAL GOALS AND POLICIES; REVIEW>.  (a)  The council
   3-22  shall promulgate rules adopting the goals and policies of the
   3-23  coastal management program.  The goals and policies may not require
   3-24  an agency or subdivision to perform an action which would exceed
   3-25  the constitutional or statutory authority of the agency or
    4-1  subdivision.  The council shall study, regularly request public
    4-2  comment on, and coordinate responses to <plan and make studies of>
    4-3  problems and issues affecting the management of coastal natural
    4-4  resource areas as provided in the program <plan>.
    4-5        (b)  The council shall meet once in each calendar quarter.
    4-6  The commissioner is chair of the council and may convene special
    4-7  meetings at other times.  For each matter to be reviewed by the
    4-8  council under Section 33.205 of this code, the governor shall
    4-9  designate a local elected official from a county directly affected
   4-10  by the matter under review.  The local official shall serve as a
   4-11  nonvoting participant on the council for purposes of reviewing and
   4-12  acting on that matter only.
   4-13        (c)  In conducting reviews under Section 33.205 of this code,
   4-14  the council shall receive and consider the oral or written
   4-15  testimony of any person regarding the goals and policies of the
   4-16  coastal management program <plan>. The council may reasonably limit
   4-17  the length and format of the testimony and the time at which it
   4-18  will be received.  Notice of the period during which the testimony
   4-19  will be received shall be published in the Texas Register and in a
   4-20  newspaper of general circulation in each county directly affected
   4-21  by the matter under review before the commencement of that period.
   4-22  The council shall consider only the record before the agency or
   4-23  subdivision involved in the matter under review, the agency's or
   4-24  subdivision's findings, applicable laws and rules, any additional
   4-25  information provided by that agency or subdivision, and public
    5-1  testimony under this subsection, provided that if the agency or
    5-2  subdivision did not hold a hearing, make a record, or make
    5-3  findings, the council may hold a hearing and make findings
    5-4  necessary to a complete and thorough review.
    5-5        (d)  The land office shall assist the council in carrying out
    5-6  its duties.  The council members shall not receive compensation for
    5-7  services but may receive reimbursement for actual and necessary
    5-8  expenses.  The land office shall, in coordination with other
    5-9  agencies and subdivisions, prepare an annual report reviewing the
   5-10  effectiveness of the coastal management program.  The land office
   5-11  shall submit each report to the council for approval and shall
   5-12  submit each of the previous two years' reports to the legislature
   5-13  prior to the beginning of each legislative session.
   5-14        Sec. 33.205.  CONSISTENCY WITH GOALS AND POLICIES;
   5-15  PREREQUISITES <STANDARDS; SUBMISSION> FOR REVIEW.  (a)  When
   5-16  proposing or adopting any of the rules listed in Subsection (c) of
   5-17  this section or taking any of the individual actions listed in
   5-18  Subsection (d) of this section, <All actions taken or authorized
   5-19  by> state agencies and subdivisions <that may adversely affect
   5-20  coastal natural resource areas, including discharges and
   5-21  withdrawals that may significantly affect water quality in state
   5-22  waters subject to tidal influence,> must comply with the goals and
   5-23  policies of the coastal management program <plan>.
   5-24        (b)  State <In developing rules and policies applicable in
   5-25  coastal areas and performing actions subject to the requirements of
    6-1  this subsection, state> agencies and subdivisions subject to the
    6-2  requirements of Subsection (a) of this section shall take into
    6-3  account the goals and policies of the coastal management program
    6-4  and shall certify that the rule or action is consistent with those
    6-5  goals and policies <plan>.
    6-6        (c)  Agencies must comply with Subsection (a) of this section
    6-7  when proposing or adopting one of the following rules or amendments
    6-8  to rules:
    6-9              (1)  a rule of the General Land Office governing the
   6-10  prevention of, response to, and remediation of coastal oil spills;
   6-11              (2)  a rule of the Texas Natural Resource Conservation
   6-12  Commission governing:
   6-13                    (A)  emissions of air pollutants;
   6-14                    (B)  on-site sewage disposal systems; and
   6-15                    (C)  underground storage tanks;
   6-16              (3)  a rule of the State Soil and Water Conservation
   6-17  Board governing agricultural and silvicultural nonpoint source
   6-18  pollution;
   6-19              (4)  a rule governing individual actions listed in
   6-20  Subsection (d) of this section.
   6-21        (d)  Agencies and subdivisions must comply with Subsection
   6-22  (a) of this section when taking one of the following actions:
   6-23              (1)  an action of the General Land Office, the School
   6-24  Land Board, or the boards for lease of state-owned lands
   6-25  concerning:
    7-1                    (A)  a mineral lease plan of operations;
    7-2                    (B)  a geophysical and geochemical permit;
    7-3                    (C)  a coastal easement;
    7-4                    (D)  miscellaneous easements;
    7-5                    (E)  a surface lease;
    7-6                    (F)  a coastal lease;
    7-7                    (G)  a structure registration;
    7-8                    (H)  a cabin permit;
    7-9                    (I)  a navigation district lease;
   7-10                    (J)  certification of a local government beach
   7-11  access and dune protection plan; or
   7-12                    (K)  approval of a wetland mitigation bank;
   7-13              (2)  an action of the Public Utility Commission of
   7-14  Texas concerning a certificate of convenience and necessity;
   7-15              (3)  an action of the Railroad Commission of Texas
   7-16  concerning:
   7-17                    (A)  a wastewater discharge permit;
   7-18                    (B)  a waste disposal or storage pit permit; or
   7-19                    (C)  certification of a federal permit for
   7-20  dredging and filling activities;
   7-21              (4)  an action of the Texas Department of
   7-22  Transportation concerning:
   7-23                    (A)  acquisition of dredged material disposal
   7-24  sites for the Gulf Intracoastal Waterway and for channel expansion,
   7-25  relocation, or alteration; or
    8-1                    (B)  transportation planning, construction, and
    8-2  maintenance;
    8-3              (5)  an action of the Texas Historical Commission or
    8-4  the Texas Antiquities Committee concerning:
    8-5                    (A)  a permit for destruction, alteration, or
    8-6  taking of state archaeological landmarks; or
    8-7                    (B)  a review of federal undertakings affecting
    8-8  historic sites;
    8-9              (6)  an action of the Texas Natural Resource
   8-10  Conservation Commission concerning:
   8-11                    (A)  a municipal and industrial wastewater
   8-12  discharge permit;
   8-13                    (B)  a wastewater discharge permit for a new
   8-14  concentrated animal feeding operation within one mile of a critical
   8-15  area or coastal waters;
   8-16                    (C)  a water rights permit over 2,500 acre-feet
   8-17  per year inside the coastal area or over 5,000 acre-feet per year
   8-18  outside the coastal area;
   8-19                    (D)  a solid and hazardous waste treatment,
   8-20  storage, and disposal permit;
   8-21                    (E)  creation of a special-purpose district or
   8-22  approval of bonds for infrastructure on a coastal barrier;
   8-23                    (F)  approval of levee improvements or another
   8-24  flood control project;
   8-25                    (G)  certification of a federal permit for
    9-1  dredging and filling activities; or
    9-2                    (H)  a declaration of emergency and request for
    9-3  an emergency release of water;
    9-4              (7)  an action of the Parks and Wildlife Department
    9-5  concerning:
    9-6                    (A)  a permit or lease for transplanting or
    9-7  harvesting oysters;
    9-8                    (B)  a permit for taking, transporting, or
    9-9  possessing threatened or endangered species;
   9-10                    (C)  a permit for disturbing marl, sand, shell,
   9-11  or gravel on state-owned lands; or
   9-12                    (D)  approval of development in state parks,
   9-13  wildlife management areas, and preserves; or
   9-14              (8)  an action of a subdivision concerning:
   9-15                    (A)  a dune protection permit; or
   9-16                    (B)  a beachfront construction certificate,
   9-17  provided that the provisions of this subchapter shall apply to an
   9-18  action listed in this subdivision only if they authorize:
   9-19                          (i)  construction activity located within
   9-20  the first 200 feet landward of the line of vegetation which results
   9-21  in the disturbance of more than 7,000 square feet of dunes or dune
   9-22  vegetation;
   9-23                          (ii)  construction activity which results
   9-24  in the disturbance of more than 7,500 cubic yards of dunes;
   9-25                          (iii)  any coastal shore protection project
   10-1  undertaken pursuant to Chapter 15, Title 31, Texas Administrative
   10-2  Code, or within 200 feet landward of the line of vegetation
   10-3  affecting more than 500 linear feet of beach on the shore of the
   10-4  Gulf of Mexico; or
   10-5                          (iv)  a closure, relocation, or reduction
   10-6  in existing public beach access or public beach access designated
   10-7  in an approved beach access plan, other than a short-term closure,
   10-8  relocation, or reduction.
   10-9        (e)  An action to renew, amend, or modify an existing permit,
  10-10  certificate, lease, easement, approval, or other form of
  10-11  authorization shall not be considered an action subject to the
  10-12  coastal management program if the action is taken pursuant to a
  10-13  rule that the council has certified as consistent under Subsection
  10-14  (h) of this section and:
  10-15              (1)  for wastewater discharge permits, if the action is
  10-16  not a major permit modification that would increase pollutant loads
  10-17  to coastal waters or would result in relocation of an outfall to a
  10-18  critical area;
  10-19              (2)  for solid, hazardous, or nonhazardous waste
  10-20  permits, if the action is not a Class III modification as defined
  10-21  in Texas Natural Resource Conservation Commission rules; or
  10-22              (3)  for any other action, if the action only extends
  10-23  the time period of the existing authorization without authorizing
  10-24  new or additional work or activities or is not otherwise directly
  10-25  relevant to the goals and policies of the coastal management
   11-1  program.
   11-2        (f) <(b)>  The council shall review any action listed in
   11-3  Subsection (d) of this section if:
   11-4              (1)  the agency or subdivision has taken the action;
   11-5              (2)  a person eligible to file a request for referral
   11-6  under Subdivision (4) of this subsection raises issues regarding
   11-7  the action's consistency with the goals and policies of the coastal
   11-8  management program during the agency's or subdivision's
   11-9  consideration of the action;
  11-10              (3)  consistency review thresholds for the agency are
  11-11  in effect under Subsection (h) of this section and:
  11-12                    (A)  the action is one for which a formal hearing
  11-13  under Chapter 2001, Government Code (Administrative Procedure Act),
  11-14  was available to contest the agency's determination of consistency
  11-15  with the goals and policies of the coastal management program for:
  11-16                          (i)  an action exceeding the applicable
  11-17  thresholds, if the agency's consistency determination was contested
  11-18  in a formal hearing or an alternative dispute resolution process;
  11-19  or
  11-20                          (ii)  an action not exceeding the
  11-21  applicable thresholds, if the action may adversely affect a
  11-22  critical area, critical dune area, coastal park, wildlife
  11-23  management area, or preserve, or beach on the shore of the Gulf of
  11-24  Mexico, and a state agency contested the agency's consistency
  11-25  determination in a formal hearing; or
   12-1                    (B)  the action is one for which a formal hearing
   12-2  under Chapter 2001, Government Code (Administrative Procedure Act),
   12-3  was not available to contest the agency's determination of
   12-4  consistency with the goals and policies of the coastal management
   12-5  program and the action exceeds the applicable thresholds;
   12-6              (4)  a request for referral is filed with the council
   12-7  by a council member, a party to the agency's formal hearing or
   12-8  alternative dispute resolution process, a person who participated
   12-9  in an agency's formal hearing as allowed by agency rules in a
  12-10  capacity other than as a witness, or, for an action for which a
  12-11  formal hearing under Chapter 2001, Government Code (Administrative
  12-12  Procedure Act), was not available, a person who filed written
  12-13  comments with the agency before the action was taken; or
  12-14              (5)  <subject to the requirements of Subsection (a) of
  12-15  this section that > the commissioner or <submits to the council for
  12-16  review.  The council shall review any action subject to the
  12-17  requirements of Subsection (a) of this section that is submitted to
  12-18  the council by> any three regular members of the council refer the
  12-19  action to the council<.>
  12-20        <(c)  An action must be referred to the council> within 30
  12-21  days of the date the agency or subdivision took the action <it
  12-22  becomes final>.
  12-23        (g)  The council must consider and act on a referral <the
  12-24  matter> within 70 days of the date the agency or subdivision took
  12-25  the action <90 days of referral>.
   13-1        (h)  The council shall in its procedural rules establish a
   13-2  process by which an agency may submit its rules governing actions
   13-3  listed in Subsection (d) of this section to the council for review
   13-4  and certification for consistency with the goals and policies of
   13-5  the coastal management program.  The process shall provide that an
   13-6  agency may also submit to the council consistency review thresholds
   13-7  for those actions.  On the council's certification that the
   13-8  agency's rules are consistent and its approval of the agency's
   13-9  consistency review thresholds, the agency's actions below the
  13-10  thresholds shall be presumed to be consistent with the goals and
  13-11  policies of the coastal management program and shall not be subject
  13-12  to council review, remand, or reversal, except for those actions
  13-13  described in Subsection (f)(3)(B) of this section.  The council
  13-14  shall also include in its procedural rules a provision whereby the
  13-15  council may revoke its certification of the consistency of an
  13-16  agency's rules if the agency fails to implement, enforce, or adhere
  13-17  to the goals and policies of the coastal management program.  Prior
  13-18  to the certification of rules and approval of thresholds and
  13-19  subsequent to any revocation of such certification or approval, all
  13-20  the agency's actions listed in Subsection (d) of this section shall
  13-21  be subject to council referral, review, remand, and reversal.
  13-22        Sec. 33.206.  COUNCIL ACTION.  (a)  After reviewing an action
  13-23  of a state agency or subdivision, the council may affirm or protest
  13-24  the action of the state agency or subdivision.
  13-25        (b)  If the council protests the action, the council shall
   14-1  remand the matter to the state agency or subdivision.  The remand
   14-2  shall include findings on inconsistencies with the goals and
   14-3  policies of the coastal management program <plan> and may include
   14-4  recommendations of the council.  On remand, the state agency or
   14-5  subdivision shall modify or amend the action to make it consistent
   14-6  with the goals and policies of the coastal management program
   14-7  <plan>.  Should the agency or subdivision decide not to amend its
   14-8  action as recommended by the council, it shall notify the council
   14-9  of that decision.  The council may provide in its remand that the
  14-10  agency or subdivision action will be automatically reversed without
  14-11  further council action if the agency or subdivision does not
  14-12  reconsider its action in light of the council's recommendations
  14-13  within 90 days after taking the action.
  14-14        (c)  The state agency's or subdivision's action on remand is
  14-15  subject to review by the council as provided in Section 33.205 of
  14-16  this code.  The only basis on which the council may reverse a
  14-17  decision of an agency or subdivision is that the action is
  14-18  inconsistent with the goals and policies of the coastal management
  14-19  program <plan>.  The council's decision to reverse an action
  14-20  renders the action void.
  14-21        (d)  Pending council review of an individual action, no
  14-22  person may conduct activities authorized by the action that would
  14-23  irreparably alter or damage coastal natural resource areas
  14-24  identified in the goals and policies of the coastal management
  14-25  program that are applicable to that action, except as allowed by
   15-1  Section 2001.054, Government Code.
   15-2        (e)  The council shall not apply the goals and policies of
   15-3  the coastal management program in a manner which would result in
   15-4  the taking, damage, or destruction of property, without adequate
   15-5  compensation, by the council.
   15-6        (f)  The council shall review any federal action the
   15-7  commissioner submits to the council for review.  If, after review,
   15-8  the council finds a federal action does not comply with goals and
   15-9  policies of the coastal management program <plan>, the council may
  15-10  refer the matter to any federal official authorized to review or
  15-11  act on the matter and may pursue resolution of the matter with the
  15-12  federal official.
  15-13        Sec. 33.207.  JUDICIAL REVIEW.  A person aggrieved by a final
  15-14  action of the council may appeal to a district court under Chapter
  15-15  2001, Government Code (<the> Administrative Procedure <and Texas
  15-16  Register> Act <(Article 6252-13a, Vernon's Texas Civil Statutes>).
  15-17        Sec. 33.208.  ENFORCEMENT.  The attorney general, at the
  15-18  request of the council, shall file in a district court of Travis
  15-19  County or in the county in which the violation occurs a suit to
  15-20  enforce this subchapter or the rules adopted under this subchapter
  15-21  against an agency or subdivision to prevent or remedy a violation
  15-22  or failure to comply with this subchapter or those rules.
  15-23        Sec. 33.209.  VOLUNTARY SPECIAL AREA MANAGEMENT PLANS.
  15-24  (a)  The council may adopt rules containing goals and policies
  15-25  applicable only to a special area of the coast.  The rules shall
   16-1  constitute the goals and policies of the coastal management program
   16-2  for that special area in place of the generally applicable goals
   16-3  and policies.  The boundaries of any such area shall be included in
   16-4  the rules.
   16-5        (b)  Rules applicable to a special area under this section
   16-6  shall not apply to any real property whose owner does not expressly
   16-7  and affirmatively consent in writing to the application of those
   16-8  rules to the owner's real property.
   16-9        SECTION 2.  Sections 33.052, 33.053, 33.054, and 33.055,
  16-10  Natural Resources Code, are repealed.
  16-11        SECTION 3.  The importance of this legislation and the
  16-12  crowded condition of the calendars in both houses create an
  16-13  emergency and an imperative public necessity that the
  16-14  constitutional rule requiring bills to be read on three several
  16-15  days in each house be suspended, and this rule is hereby suspended,
  16-16  and that this Act take effect and be in force from and after its
  16-17  passage, and it is so enacted.