By: Patterson S.B. No. 1516
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain structures on coastal public land.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 33.004, Chapter 33, Natural Resources
1-4 Code is amended to read as follows:
1-5 Sec. 33.004. Definitions. In this chapter:
1-6 (1) "Land office" means the General Land Office.
1-7 (2) "Commissioner" means the Commissioner of the
1-8 General Land Office.
1-9 (3) "Board" means the School Land Board.
1-10 (4) "Person" means any individual, firm, partnership,
1-11 association, corporation which is public or private and profit or
1-12 nonprofit, trust, or political subdivision or agency of the state.
1-13 (5) "Coastal area" means the geographic area
1-14 comprising all the counties in Texas which have any tidewater
1-15 shoreline, including that portion of the bed and water of the Gulf
1-16 of Mexico within the jurisdiction of the State of Texas.
1-17 (6) "Coastal submerged land" means all or any portion
1-18 of state-owned submerged land, the water overlying that land, and
1-19 all state-owned islands or portions of islands in the coastal area.
1-20 (7) "Island" means any body of land surrounded by the
1-21 water of a saltwater lake, bay, inlet, estuary, or inland body of
1-22 water within the tidewater limits of this state and shall include
1-23 man-made islands resulting from dredging or other operations.
2-1 (8) "Management program" means the coastal public land
2-2 management program provided by this chapter and shall include a
2-3 comprehensive statement in words, maps, illustrations, or other
2-4 media inventorying coastal public land resources and capabilities
2-5 and setting forth objectives, policies, and standards to guide
2-6 planning and to control the utilization of those resources.
2-7 (9) "Seaward" means the direction away from the shore
2-8 and toward the body of water bounded by the shore.
2-9 (10) "Structure" means any structure, work, or
2-10 improvement constructed on, affixed to, or worked on coastal public
2-11 land, including fixed or floating piers, wharves, docks, jetties,
2-12 groins, breakwaters, artificial reefs, fences, posts, retaining
2-13 walls, levees, ramps, permanently moored vessels, cabins, houses,
2-14 shelters, landfills, excavations, land canals, channels, and roads.
2-15 (11) "Submerged land" means any land extending from
2-16 the boundary between the land of the state and the littoral owners
2-17 seaward to the low-water mark on any saltwater lake, bay, inlet,
2-18 estuary, or inland water within the tidewater limits, and any land
2-19 lying beneath the body of water, but for the purposes of this
2-20 chapter only, shall exclude beaches bordering on and the water of
2-21 the open Gulf of Mexico and the land lying beneath this water.
2-22 (12) "Littoral owner," in this chapter only, means the
2-23 owner of any public or private upland bordered by or contiguous to
2-24 coastal public land.
2-25 (13) "Vessel" means any watercraft capable of floating
3-1 in water, whether propelled by machinery or not, including but not
3-2 limited to, boats, houseboats, barges, canoes, punts, rowboats or
3-3 sailboats.
3-4 (14) "Permanently moored" means to be left in place
3-5 for more than 21 consecutive days.
3-6 (15) "Unauthorized structure" means any structure on
3-7 coastal public land not authorized by a proper easement, lease,
3-8 permit or other instrument from the state as required by Chapter 33
3-9 or 51 of the Natural Resources Code.
3-10 SECTION 2. Section 33.124, Chapter 33, Natural Resources
3-11 Code is repealed.
3-12 SECTION 3. Section 33.125, Chapter 33, Natural Resources
3-13 Code is amended to read as follows:
3-14 Sec. 33.125. Automatic Revocation and Termination of a
3-15 Permit. (a) A permit that authorizes the continued use of a
3-16 previously unauthorized structure on coastal public land <is
3-17 considered automatically> may be revoked and terminated, in the
3-18 discretion of the board, if the coastal public land on which the
3-19 structure is located is:
3-20 (1) subsequently leased for public purposes
3-21 incompatible with the continued presence of the structure;
3-22 (2) exchanged for littoral property under this
3-23 chapter; or
3-24 (3) conveyed to a navigation district as provided by
3-25 law.
4-1 (b) The board may authorize the relocation of the structure
4-2 to another site in lieu of revoking or terminating the permit.
4-3 SECTION 4. Sec. 33.127, Chapter 33, Natural Resources Code,
4-4 is amended to read as follows:
4-5 Sec. 33.127. Terms and Renewal of Permits.
4-6 (a) Permits may be issued for a <period of not more than
4-7 five years> term to be determined by the board and may be renewed
4-8 at the discretion of the board; provided, however, the combined
4-9 total number of years in the initial term and the renewal terms
4-10 granted by the board shall not exceed fifteen years;
4-11 (b) Upon expiration, termination, or cancellation of a
4-12 permit the board, in its sole discretion and in a manner to be
4-13 determined by it, may issue a new permit authorizing the continued
4-14 existence and use of a structure on coastal public land.
4-15 SECTION 5. Sec. 33.132, Chapter 33, Natural Resources Code,
4-16 is repealed.
4-17 SECTION 6. The importance of this legislation and the
4-18 crowded condition of the calendars in both houses create an
4-19 emergency and an imperative public necessity that the
4-20 constitutional rule requiring bills to be read on three several
4-21 days in each house be suspended, and this rule is hereby suspended.