SRC-SLL S.B. 707 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 707
By: Patterson
Natural Resources
3-3-97
As Filed


DIGEST 

Currently, the School Land Board does not issue permits for certain
structures on coastal public land, but allows existing permits to be sold
or assigned.  This has created a market for cabin permits, allowing permit
holders to sell their permits for increasingly high prices, making public
participation more difficult.  The expansion of state and federal coastal
refuge areas and the evolution of bird rookeries on the coast have
rendered a number of these structures unpermittable under current law.
Cabins which are damaged by storms may be abandoned and pose a threat to
public safety for which the state is potentially liable.  Because no new
cabin permits are available, a large number of individuals have
permanently moored "vessels" on coastal public land to avoid permitting
requirements.  This bill will expand the regulations for permits for the
use of certain structures on coastal public land.  

PURPOSE

As proposed, S.B. 707 expands the regulations for permits for the use of
certain structures on coastal public land.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 33.004, Natural Resources Code, by amending
Subdivision (10) and adding Subdivisions (15)-(17), to redefine
"structure," and to define "vessel," "permanently moored," and
"unauthorized structure." 

SECTION 2. Amends Sections 33.125 and 33.127, Natural Resources Code, as
follows: 

Sec.  33.125.  AUTOMATIC REVOCATION AND TERMINATION OF A PERMIT.
Authorizes, rather than requires, the revocation and termination of a
permit that authorizes the continued use of a previously unauthorized
structure on coastal public land, at the School Land Board's (board)
discretion, if the coastal public land on which the structure is located
is subsequently leased for public purposes incompatible with the continued
presence of the structure.  Authorizes the board to authorize the
relocation of the structure to another site instead of revoking or
terminating the permit. 

Sec.  33.127.  TERMS AND RENEWAL OF PERMITS.  Authorizes permits to be
issued for a term to be determined by the board, rather that for a period
of not more than five years. Prohibits the combined total number of years
of the initial term and any renewal terms granted by the board from
exceeding 15 years.  Authorizes the board, in its sole discretion and in a
manner to be determined by the board, to issue a permit authorizing the
continued existence and use of a structure on coastal public land, on the
expiration, termination, or cancellation of a permit.  Prohibits the board
from issuing a new permit after September 1, 2001. 

SECTION 3. Repealer: Section 33.124, Natural Resources Code (Permits
Prohibited for Certain Structures). 
 
SECTION 4. Provides that, notwithstanding Section 33.127(a), Natural
Resources Code, as amended by this Act, a permit issued before the
effective date of this Act the term for which, in combination with the
initial and previous renewal terms for that permit, will exceed 15 years,
is valid until it expires. 

SECTION 5. Emergency clause.
  Effective date: upon passage.