SRC-MAX C.S.S.B. 1339 75(R)BILL ANALYSIS
Senate Research CenterC.S.S.B. 1339
By: Patterson
Natural Resources
4-30-97
Committee Report (Substituted)
DIGEST
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
As proposed, C.S.S.B. 1339 amends Chapter 33H, Natural Resources Code,
relating to coastal erosion.
RULEMAKING AUTHORITY
Rulemaking authority is granted to the commissioner of the General Land
Office in SECTION 2 (Sec. 33.603(b), Natural Resources Code) of this
bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 33H, Natural Resources Code, as follows:
Sec. 33.601. New heading: SHORT TITLE: Coastal Erosion Planning and
Response Act. Deletes existing section.
Sec. 33.602. New heading: DEFINITIONS. Defines "coastal zone,"
"critically eroding area," "emergency," "erosion response," "fund," "local
government," and "public beach." Deletes existing section.
Sec. 33.603. New heading: COASTAL EROSION PLANNING AND RESPONSE
AUTHORITY. Authorizes the commissioner of the General Land Office
(commissioner) to carry out an erosion response activity described in
Section 33.605, including specific projects designed to inhibit or
remediate the effects of coastal erosion. Authorizes the commissioner to
adopt rules for erosion response within the coastal zone. Authorizes the
commissioner to award grants from the coastal erosion response fund to
local governments to carry out erosion response activities under this
subchapter. Authorizes the commissioner to enter property in the coastal
zone in order to perform a survey required under Section 33.609. Requires
the commissioner to develop a program to increase public awareness through
public education concerning certain aspects related to erosion. Provides
that an activity undertaken by the commissioner under this subchapter
shall not impair littoral rights. Provides that any upland owner shall be
entitled to continue to exercise all littoral rights possessed by the
owner before the date the erosion response commenced, including rights of
ingress, egress, boating, bathing, and fishing, under certain conditions.
Deletes a provision authorizing the commissioner to apply for, request,
solicit, contract for, receive, and accept gifts, grants, donations, and
other assistance from any source to carry out powers and duties provided
by this subchapter.
Sec. 33.604. New heading: COASTAL EROSION RESPONSE FUND. Provides that
the fund is established in the state treasury to be used by the
commissioner to carry out the purposes of this subchapter. Provides that
the fund consists of all money appropriated for the purposes of this
subchapter and all money received by the commissioner from any other
source for the purpose of erosion response. Deletes Subsections (a) and
(b).
Sec. 33.605. USES OF THE FUND. Authorizes money in the fund to be used
for certain purposes. Requires the commissioner's decision to pay an
erosion response activity or award under this subchapter to take into
account several factors relating to the success of the proposed activity.
Sec. 33.606. REPORT TO LEGISLATURE. Requires the commissioner to submit
to the legislature a coastal erosion planning and response report
addressed to the legislature, which lists certain information, at least
once each biennium.
Sec. 33.607. GRANTS TO LOCAL GOVERNMENTS. Authorizes a local government
in the coastal zone to apply to the commissioner for a grant to fund
erosion response activities by submitting certain information to the
commissioner. Requires an application to contain certain information.
Authorizes a local government to use a grant from the fund as a match in
seeking other funding. Requires the local government to immediately
reimburse the fund the amount received up to and including the amount of
the original grant in certain circumstances. Authorizes the commissioner
to establish a cost-share requirement for any proposed project or grant.
Sec. 33.608. GRANT APPROVAL. Authorizes the commissioner to approve,
disapprove, or conditionally approve any grant application submitted under
Section 33.607. Requires the commissioner to perform certain functions in
relation to each grant application.
Sec. 33.609. SURVEY REQUIREMENT. Prohibits a person from undertaking
any action in the coastal zone, relating to the erosion response which
will cause or contribute to shoreline alteration before the person has
conducted and filed a coastal boundary survey in the same manner of public
land required in Chapter 21, Natural Resources Code, and all applicable
rules and duties adopted and performed by the commissioner, as applicable.
Requires the shoreline depicted on the survey to become and remain a fixed
line for the purpose of locating a shoreline boundary, subject to movement
landward of such line. Prohibits a coastal boundary survey conducted under
this section from being filed until notice of approval is given by the
commissioner under Subsection (c). Requires the survey to contain a
statement of certain information. Requires the commissioner to provide a
notice of approval in a certain manner within 30 days after the date the
commissioner approves a coastal boundary survey.
Sec. 33.610. LANDOWNER CONSENT. Prohibits a state agency or local
government from undertaking erosion response activity on certain property.
Authorizes the commissioner to enter onto the property and undertake any
erosion response activity on receipt of consent required under Subsection
(a). Provides that consent to undertake erosion response activity under
this subchapter is not required on a public beach.
Sec. 33.611. IMMUNITY. Provides that the state, the commissioner, and
the land office staff are immune from suit and from liability for any act
or omission related to certain matters.
Sec. 33.612. JUDICIAL REVIEW. Requires the standard for judicial review
of rights affected by any action of the state, the commissioner, or land
office staff to be under substantial evidence rule. Requires a person
seeking review to prove that the action complained of was arbitrary,
capricious, or not otherwise in accordance with law. Requires the venue
for any action relating to this subchapter to be in Travis County.
Sec. 33.613. PROOF OF CLAIM. Requires a person, who claims title to
permanent school fund land as a result of accretion, reliction, or
avulsion in the coastal zone after September 1, 1997, to prove certain
situations exist.
Sec. 33.614. CORRECTION OF TAX ROLLS. Authorizes the owner of land
submerged because of erosion to request the commissioner's assistance in
removing certain property from the tax rolls by submitting certain
documents. Requires the commissioner to inform the local appraisal
district and identified taxing entities that certain property is owned by
the permanent school fund because of erosion. Requires the district to
remove the property from the tax rolls upon notification from the
commissioner.
SECTION 2. (a) Effective date: September 1, 1997.
(b) and (c) Make application of this Act prospective.
SECTION 3. Emergency clause.
SUMMARY OF COMMITTEE CHANGES
Deletes proposed SECTION 1 which repealed Chapter 33H, Natural Resources
Code (Coastal Erosion). Adds new SECTION 1.
SECTION 1.
Amends Section 33.601, Natural Resources Code, to provide a new heading:
"SHORT TITLE." Authorizes this subchapter to be known as the "Coastal
Erosion Planning and Response Act."
Amends Section 33.602, Natural Resources Code, to provide a new heading:
"DEFINITIONS." Redefines "critical eroding area," "erosion response," and
"public beach."
Amends Section 33.603, Natural Resources Code, to authorize the
commissioner to carry out certain erosion response projects under this
section. Authorizes the commissioner to adopt rules, rather than
promulgate rules, for erosion response in the coastal zone. Makes
nonsubstantive changes.
Amends Section 33.604, Natural Resources Code, to provide a new heading:
"COASTAL EROSION RESPONSE FUND." Provides that the coastal erosion
response fund consists of all money appropriated for the purpose of this
subchapter and all money received by the commissioner from any other
source for the purpose of erosion response.
Amends Section 33.605, Natural Resources Code, to make nonsubstantive
language changes regarding the uses of the fund.
Amends Section 33.606, Natural Resources Code, to require the commissioner
to submit to the legislature a costal erosion and response report. Makes
nonsubstantive changes.
Amends Section 33.607, Natural Resources Code, to require an application
for a grant under this section for certain information. Makes
nonsubstantive changes.
Amends Section 33.608, Natural Resources Code, to make nonsubstantive
changes.
Amends Section 33.609, Natural Resources Code, to make nonsubstantive
changes
Amends Section 33.610, Natural Resources Code, to prohibit a state agency
from undertaking erosion response activity on certain property. Makes
nonsubstantive changes.
Amends Section 33.611, Natural Resources Code, to provide a new heading: "
IMMUNITY." Makes nonsubstantive changes.
Amends Section 33.612, Natural Resources Code, to require judicial review
of rights affected by an action of certain officials to be under the
substantial evidence rule. Makes a nonsubstantive change.
Amends Section 33.613, Natural Resources Code, to provide that a person
who claims title to permanent school fund land as a result of certain
conditions happening in the coastal zone after September 1, 1997 must
prove certain instances have occurred in order to prevail the claim.
Amends Section 33.614, Natural Resources Code, to make changes regarding
the correction of tax rolls.
SECTION 2.
(a) Effective date: September 1, 1997.
(b) and (c) Makes application of this Act prospective.
SECTION 3.
Emergency clause.