CPC S.B. 1339 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
S.B. 1339
By: Patterson, Jerry (Gray)
5-14-97
Committee Report (Amended)


BACKGROUND 

Currently, there is no statewide program to help fund procedures 
to alleviate coastal erosion 
problems. This bill creates a program administered by the General 
Land Office to look for alternative 
ways to help slow the erosion.

PURPOSE

SB 1339 is intended to bring state resources to bear on coastal 
erosion problems, whose management 
has proven to be beyond the capacity of landowners and many local 
governments.  The bill creates 
a coastal erosion response fund to be administered by the Texas 
General Land Office.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does expressly grant 
additional rulemaking authority to
the commissioner of  the General Land Office in Sec.  33.603(b), 
Natural Resources Code, by 
allowing them to adopt rules for the erosion response fund.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter H, Chapter 33, Natural Resources 
Code, as follows:

 Sec. 33.601.  SHORT TITLE.  "Coastal Erosion Planning and 
Response Act."

 Sec. 33.602.  DEFINITIONS.

 Sec. 33.603.  COASTAL EROSION PLANNING AND RESPONSE AUTHORITY. 

 (a)  Authorizes the land commissioner to design and construct 
erosion response projects.

 (b)  Authorizes the commissioner to promulgate rules governing 
erosion response projects.

 (c)  Authorizes the commissioner to issue grants from the fund to 
local governments to carry 
out erosion response projects.

 (d)  Authorizes the commissioner to enter property as necessary 
to conduct shoreline surveys 
required by the bill.

 (e)  Directs the commissioner to develop a public education 
program on erosion problems.

 (f)  Preserves the rights of littoral land owners, ensuring 
landowner's rights of ingress and 
egress after projects are constructed.

 Sec. 33.604.  COASTAL EROSION RESPONSE FUND. Provides that a 
coastal erosion 
response fund be established in the state treasury to be used by 
the commissioner in order to carry 
out this subchapter.

 Sec. 33.605.  USES OF THE FUND. 

 Sec. 33.606.  REPORT TO LEGISLATURE.  Requires the commissioner 
to report to the 
legislature at least once a biennium on the statutes of the 
projects and the fund and to estimate 
funding needed to carry out purposes of the act in the next 
biennium.

 Sec. 33.607.  GRANTS TO LOCAL GOVERNMENTS.

 (a)  Authorizes local governments to apply for erosion response 
project grants;  sets out 
information local governments must include in the grant 
application.

 (b)  Authorizes local governments to use erosion response fund to 
match in seeking other 
funds.

 (c)  Authorizes the commissioner to establish cost sharing 
arrangements with local 
governments.

 Sec. 33.608.  GRANT APPROVAL.  Authorizes the commissioner to 
approve, disapprove, 
or conditionally approve grant applications.  Requires the 
commissioner to make certain 
determinations and findings in approving a grant.

 Sec. 33.609.  SURVEY REQUIREMENT.    

 (a)  Requires that a "coastal boundary survey" be conducted and 
that all leases, easements, 
or other instruments be obtained prior to undertaking any 
project.  Once established, the surveyed 
boundary is fixed for the purposes of determining the shoreline 
boundary.

 (b)  Requires that a statement be included in the survey 
explaining the purpose of the 
surveyed boundary.

 (c)  Requires the commissioner to publish in the Texas Register 
and local newspapers the 
final decision approving the boundary survey and requires a copy 
of the survey to be recorded in the 
Archives and Records Division of the General Land Office.

 Sec. 33.610.  LANDOWNER CONSENT.

 (a)  If the project is on private property, requires that the 
consent of a private landowner be 
obtained prior to undertaking any project on those lands;  in the 
case of PSF lands, requires the 
consent of the School Land Board prior to undertaking any project 
on those lands.

 (b)  Upon the consent of the landowner, the commissioner may 
enter lands to undertake an 
erosion response project.

 (c)  Specifies that no consent is required for undertaking a 
project on the public beach.

 Sec. 33.611. IMMUNITY.  The state, the commissioner, and land 
office staff are immune 
from suit and from liability for any act or omission relating to 
several provisions set forth. 

 Sec. 33.612.  JUDICIAL REVIEW.  

 Sec. 33.613.  PROOF OF CLAIM.  A person who claims title to 
permanent school fund land 
as a result of accretion, relocation, or avulsion in the coastal 
zone after September 1, 1997, in order 
to prevail in the claim, must prove requirements set forth that 
must be met. 

 Sec. 33.614.  CORRECTION OF TAX ROLLS.  

 (a) The owner of the land that has become submerged because of 
erosion may request the 
commissioner's assistance under this section in removing the 
property from the tax rolls by 
submitting to the commissioner requests set forth in this 
subsection.

 (b) On receipt of this information required under Subsection (a), 
the commissioner shall
 inform the local appraisal district and identified taxing 
entities that the property listed on local tax 
rolls and the subject of the request under Subsection (a) is 
owned by the permanent school fund 
because of erosion.

 (c) On receipt of notice from the commissioner the district or 
taxing entity shall remove the 
property from the tax rolls.

SECTION 2. (a) Effective Date: September 1, 1997.

 (b) Sec. 33.609 and 33.610, Natural Resources Code, as added by 
this Act, apply only to 
erosion response activity undertaken on or after September 1, 
1997.

 (c) Sec. 33.611, Natural Resources Code, as added by this Act, 
Applies only to a cause of 
action that accrues on or after September 1, 1997.  A cause of 
action that accrued before the effective 
date of this Act is covered by the law as it existed immediately 
before that date, and that law is 
continued in effect for that purpose.
 
SECTION 3.  Emergency Clause.



EXPLANATION OF AMENDMENTS

Amendment 1.   Inserts a new section which establishes an 
automobile license plate which says 
"Don't mess with Texas beaches."  The profits created by this 
amendment will be deposited in the 
coastal erosion response fund.  The original legislation did not 
contain this provision.

Amendment 2.  Strikes page 5, lines 24-25 and page 6, lines 1-2, 
Senate Engrossment Printing and 
inserts on page 6, between lines 14 and 15, Senate Engrossment 
Printing a new Section 33.6045, 
Natural Resources Code, in which a surcharge is assessed each 
year in the amount of $1 on each 
policy of Texas windstorm and hail insurance and Texas fire and 
explosion insurance issued through 
the Texas Catastrophe Property Insurance Association.  The 
original legislation did not contain this 
provision.

Amendment 4.  In Section 2, Sec. 33.602, strikes the last 
sentence of Subdivision (4) and inserts 
"Erosion response shall not mean or refer to a beneficial use 
project authorized in accordance with 
Chapter 505, Acts of the 74th Legislature, Regular Session, 1995, 
or the construction of breakwater 
or bulkhead landward of the shoreline depicted on a current 
coastal boundary survey conducted 
under Sec. 33.609."  The original legislation did not contain 
this provision.

Amendment 5.  On page 12, line 2, after "office" and before the 
period insert "and in the real 
property records in the county in which the land is located".   
On page 12, after line 14 and before 
line 15 add a new subsection (d) to read "(d) The written consent 
of the owner must contain an 
adequate legal description of the private property on which 
erosion response activity will be 
undertaken and such written consent must be recorded in the real 
property records in the county in 
which the private property is located."  The original legislation