75R9882 MI-F                           

         By Gray                                               H.B. No. 3082

         Substitute the following for H.B. No. 3082:

         By Bosse                                          C.S.H.B. No. 3082

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to coastal erosion.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter H, Chapter 33, Natural Resources Code,

 1-5     is amended to read as follows:

 1-6                       SUBCHAPTER H.  COASTAL EROSION

 1-7           Sec. 33.601.  SHORT TITLE [Coastal Erosion Duties and

 1-8     Authority].  This subchapter may be known and cited as the "Coastal

 1-9     Erosion Planning and Response Act." [(a)  The land office shall act

1-10     as the lead agency for the coordination of coastal erosion

1-11     avoidance, remediation, and planning.  The commissioner shall

1-12     ensure that erosion avoidance, remediation, and planning protect

1-13     the common law rights of the public in public beaches as affirmed

1-14     by Subchapter B, Chapter 61 of this code.]

1-15           [(b)  The commissioner shall, in coordination with state and

1-16     federal agencies and local governments, promulgate rules,

1-17     recommendations, standards, and guidelines for erosion avoidance

1-18     and remediation and for prioritizing critical coastal erosion

1-19     areas.  The commissioner shall identify critical coastal erosion

1-20     areas and establish recommendations, standards, and guidelines for

1-21     coastal erosion avoidance and remediation in those areas.]

1-22           Sec. 33.602.  DEFINITIONS [COASTAL EROSION PROJECTS].  In

1-23     this subchapter:

1-24                 (1)  "Coastal zone" means coastal territory delineated

 2-1     by the boundary established under Section 33.2053(k).

 2-2                 (2)  "Critically eroding area" means an area in the

 2-3     coastal zone that is experiencing a historical erosion rate, as

 2-4     identified by the most recently published data of the Bureau of

 2-5     Economic Geology of The University of Texas, that the commissioner

 2-6     considers a threat to public health, safety, or welfare, public

 2-7     infrastructure, areas of national importance, public beach access

 2-8     and recreation, traffic safety, private property, or fish and

 2-9     wildlife habitat.

2-10                 (3)  "Emergency" means an unusual incident resulting

2-11     from natural causes that the commissioner determines may endanger

2-12     the health, safety, or resources of the residents of the state,

2-13     including damage to or erosion of a public beach resulting from a

2-14     hurricane or major storm.

2-15                 (4)  "Erosion response" means an action intended to

2-16     address coastal erosion, mitigate the effect of coastal erosion, or

2-17     maintain or enhance beach stability or width, including beach

2-18     nourishment, sediment management, beneficial use of dredged

2-19     material, construction of breakwaters, dune creation or

2-20     enhancement, revegetation, or other action or method the

2-21     commissioner determines appropriate to address erosion or the

2-22     effect of coastal erosion.  The term does not include construction

2-23     of a breakwater or bulkhead landward of the shoreline depicted on a

2-24     coastal boundary survey conducted under Section 33.609.

2-25                 (5)  "Fund" means the coastal erosion response fund

2-26     created under Section 33.604.

2-27                 (6)  "Local government" means a political subdivision

 3-1     of the state.

 3-2                 (7)  "Public beach" has the meaning assigned by Section

 3-3     61.013 [(a)  The land office shall engage in erosion demonstration

 3-4     projects and studies in conjunction with other state agencies,

 3-5     local governments, and federal agencies, including the United

 3-6     States Army Corps of Engineers.]

 3-7           [(b)  Such projects and studies shall address the

 3-8     feasibility, cost, and financing of different methods of avoiding,

 3-9     slowing, or remedying coastal erosion, including but not limited to

3-10     the following:]

3-11                 [(1)  selective placement and stockpiling of

3-12     beach-quality dredged material where appropriate to replenish

3-13     eroded beach, bay, and dune areas;]

3-14                 [(2)  guidelines on grain size and toxicity level;]

3-15                 [(3)  establishment of beach nourishment projects as a

3-16     method of flood control;]

3-17                 [(4)  promoting the protection, revegetation, and

3-18     restoration of dunes;]

3-19                 [(5)  the planting of vegetation as a means of

3-20     inhibiting bayshore erosion and projects developing and cultivating

3-21     disease-resistant vegetation adapted to local conditions;]

3-22                 [(6)  decreasing the current deficiency in the sand

3-23     budget;]

3-24                 [(7)  the feasibility of constructing new dams,

3-25     jetties, groins, and other impoundment structures with sediment

3-26     bypassing systems;]

3-27                 [(8)  the feasibility of retrofitting existing

 4-1     impoundment structures to allow sediment bypassing;]

 4-2                 [(9)  estimating the quantity and quality of sediment

 4-3     trapped by reservoirs and identification of the sediment sources;]

 4-4                 [(10)  decreasing and eliminating human-induced

 4-5     subsidence by means including, but not limited to, evaluating the

 4-6     consequences of limiting groundwater withdrawals and maintaining

 4-7     adequate pressure in hydrocarbon reservoirs, consistent with proper

 4-8     petroleum reservoir engineering principles and applicable

 4-9     regulatory requirements; and]

4-10                 [(11)  giving preference to and encouraging "soft"

4-11     methods of avoiding, slowing, or remedying erosion in lieu of

4-12     erecting hard or rigid shorefront structures].

4-13           Sec. 33.603.  COASTAL EROSION PLANNING AND RESPONSE AUTHORITY

4-14     [GRANTS AND GIFTS].  (a)  Contingent on legislative appropriation

4-15     for coastal erosion planning and response, the commissioner may

4-16     carry out any erosion response activity described in Section

4-17     33.605, including specific projects designed to inhibit or

4-18     remediate the effects of coastal erosion.

4-19           (b)  The commissioner may adopt rules for erosion response in

4-20     the coastal zone.

4-21           (c)  The commissioner may award grants from the fund to local

4-22     governments to carry out erosion response activities under this

4-23     subchapter.

4-24           (d)  The commissioner may enter property in the coastal zone

4-25     in order to perform a survey required under Section 33.609.

4-26           (e)  The commissioner shall develop a program to increase

4-27     public awareness through public education about the causes of

 5-1     erosion, the consequences of erosion, the importance of barrier

 5-2     islands, dunes, and bays as a natural defense against storms and

 5-3     hurricanes, and erosion response techniques.

 5-4           (f)  An activity undertaken by the commissioner under this

 5-5     subchapter does not impair littoral rights.  An upland owner who,

 5-6     because of erosion response activity undertaken by the

 5-7     commissioner, ceases to hold title to land that extends to the

 5-8     shoreline as altered by the erosion response is  entitled to

 5-9     continue to exercise all littoral rights possessed by that owner

5-10     before the date the erosion response commenced, including rights of

5-11     ingress, egress, boating, bathing, and fishing [The commissioner

5-12     may apply for, request, solicit, contract for, receive, and accept

5-13     gifts, grants, donations, and other assistance from any source to

5-14     carry out the powers and duties provided by this subchapter].

5-15           Sec. 33.604.  COASTAL EROSION RESPONSE FUND [COASTAL EROSION

5-16     PUBLIC AWARENESS AND EDUCATION].  The coastal erosion response fund

5-17     is established in the state treasury to be used by the commissioner

5-18     to carry out the purposes of this subchapter.  The fund consists of

5-19     all money appropriated for the purposes of this subchapter and all

5-20     money received by the commissioner from any other source for the

5-21     purpose of erosion response [(a)  The land office shall be

5-22     responsible for and shall coordinate with other agencies to

5-23     increase public awareness through public education concerning the

5-24     causes of erosion; the consequences of erosion; the importance of

5-25     barrier islands, dunes, and bays as a natural defense against

5-26     storms and hurricanes; and erosion avoidance techniques.]

5-27           [(b)  The commissioner, in cooperation with the University of

 6-1     Texas Bureau of Economic Geology and local county and municipal

 6-2     governments for each coastal county, shall jointly quantify the

 6-3     erosion rates at each location along the shore of the Gulf of

 6-4     Mexico, prepare a plan for establishing and implementing a building

 6-5     set-back line that will accommodate a 50-year shoreline retreat,

 6-6     and report back to the legislature with recommendations].

 6-7           Sec. 33.605.  USES OF THE FUND.  (a)  Money in the fund may

 6-8     be used for:

 6-9                 (1)  research, study, and identification of critically

6-10     eroding areas, the accumulation of other information necessary to

6-11     carry out the purposes of this subchapter, including information on

6-12     the causes of erosion and the location of sand sources for beach

6-13     nourishment, and the performance of sediment quality tests;

6-14                 (2)  planning and designing erosion response projects;

6-15                 (3)  construction, installation, and maintenance of

6-16     erosion response projects, including costs for supervision,

6-17     inspection, project management, and other activities essential to

6-18     successful project completion;

6-19                 (4)  preproject and postproject land surveys and

6-20     studies designed to inspect and monitor project performance,

6-21     shoreline change, impacts on natural resources, and other factors

6-22     the commissioner considers appropriate;

6-23                 (5)  obtaining a permit, easement, right-of-way,

6-24     right-of-entry, or other authorization necessary for successful

6-25     completion of an erosion response activity;

6-26                 (6)  removing an obstacle, impediment, or encroachment

6-27     from a public beach that interferes with free and unrestricted

 7-1     public beach use, access, and enjoyment;

 7-2                 (7)  responding to an emergency condition;

 7-3                 (8)  funding grants to local governments in the coastal

 7-4     zone for erosion response;

 7-5                 (9)  participating in a federal erosion response

 7-6     project;

 7-7                 (10)  identifying short-term and long-term economic

 7-8     costs and benefits of maintaining and improving beaches and other

 7-9     critically eroding areas;

7-10                 (11)  contracting with a state university or agency to

7-11     effectuate the purposes of this subchapter;

7-12                 (12)  poststorm management planning and response and

7-13     restoration and redevelopment of the Texas coast after an

7-14     emergency; and

7-15                 (13)  any other action authorized by this subchapter.

7-16           (b)  The commissioner's decision to pay for an erosion

7-17     response activity or award a grant under this subchapter must take

7-18     into account any existing or proposed erosion response activity in

7-19     the coastal zone, the impact on public or private property, cost,

7-20     needs in other critically eroding areas, the amount of money in the

7-21     fund, and any other factor relevant to the success of the proposed

7-22     activity.

7-23           Sec. 33.606.  REPORT TO LEGISLATURE.  At least once each

7-24     biennium, the commissioner shall submit to the legislature a

7-25     coastal erosion planning and response report that lists critically

7-26     eroding areas, proposed erosion response activities, estimated

7-27     funding required for each proposed activity, all erosion response

 8-1     activities funded under this subchapter since the previous report,

 8-2     the financial status of the fund, and the amount of money needed to

 8-3     carry out the purposes of this subchapter over the next biennium.

 8-4           Sec. 33.607.  GRANTS TO LOCAL GOVERNMENTS.  (a)  A local

 8-5     government in the coastal zone may apply to the commissioner for a

 8-6     grant to pay for erosion response activities.  An application, to

 8-7     the extent applicable, must:

 8-8                 (1)  briefly describe the proposed erosion response

 8-9     activity and estimate the dates for commencement and completion;

8-10                 (2)  estimate the costs, including postproject

8-11     maintenance and monitoring costs, and identify the source of any

8-12     local government funding;

8-13                 (3)  evaluate scientifically the extent of erosion and

8-14     analyze the degree of threat to public health and safety, public

8-15     beach use and access, public and private property, areas of state

8-16     or national importance, or natural resources;

8-17                 (4)  evaluate scientifically the prospect for long-term

8-18     success of the proposed erosion response activity;

8-19                 (5)  describe the anticipated downdrift impact of the

8-20     proposed activity on property located outside the project area;

8-21                 (6)  summarize the long-term plan for monitoring and

8-22     maintenance of the proposed activity, including plans for poststorm

8-23     or emergency monitoring and maintenance;

8-24                 (7)  describe the availability and proximity of an

8-25     adequate source of beach-quality sand and the quality of sand to be

8-26     used;

8-27                 (8)  describe the anticipated impacts to the area from

 9-1     which sand is mined, including updrift and downdrift;

 9-2                 (9)  state the amount of the requested grant;

 9-3                 (10)  describe the extent of commitment of local

 9-4     government resources and financial need; and

 9-5                 (11)  include any other information the commissioner

 9-6     considers necessary to fully evaluate the grant application.

 9-7           (b)  A local government may use a grant from the fund as a

 9-8     match in seeking other funding.  If a local government uses a grant

 9-9     from the fund as a match in seeking other funding and is later

9-10     reimbursed by another source, including another governmental

9-11     entity, the local government shall immediately reimburse the fund

9-12     the amount received, up to and including the amount of the original

9-13     grant.

9-14           (c)  The commissioner may establish a cost-share requirement

9-15     for any proposed project or grant.

9-16           Sec. 33.608.  GRANT APPROVAL.  The commissioner may approve,

9-17     disapprove, or conditionally approve any grant application

9-18     submitted under Section 33.607.   For each grant application, the

9-19     commissioner shall:

9-20                 (1)  determine whether the grant application is

9-21     approved, disapproved, or conditionally approved and shall notify

9-22     the applicant of the commissioner's determination;

9-23                 (2)  specify any grant condition, including any

9-24     deadline for an activity to be funded by the grant, any deadline

9-25     for commencement and completion, postactivity monitoring

9-26     requirements, and performance and filing of the survey required

9-27     under Section 33.609, and shall notify the applicant of the

 10-1    determination; and

 10-2                (3)  specify any cost-share requirement.

 10-3          Sec. 33.609.  SURVEY REQUIREMENT.  (a)  Notwithstanding any

 10-4    law to the contrary, a person may not undertake, in the coastal

 10-5    zone, an action relating to erosion response that will cause or

 10-6    contribute to shoreline alteration before the person has conducted

 10-7    and filed a coastal boundary survey in the same manner as the

 10-8    survey of public land required by Chapter 21 and any applicable

 10-9    rule of the commissioner and has obtained any required lease,

10-10    easement, or other instrument from the commissioner or board, as

10-11    applicable.  On filing of the survey, the shoreline depicted on the

10-12    survey is a fixed line for the purpose of locating a shoreline

10-13    boundary, subject to movement landward of that line.  A coastal

10-14    boundary survey conducted under this section may not be filed until

10-15    the commissioner gives notice of approval under Subsection (c).

10-16          (b)  The survey must contain the following statement:

10-17    "NOTICE:  This survey was performed in accordance with Section

10-18    33.609, Natural Resources Code, for the purpose of evidencing the

10-19    location of the shoreline in the area depicted in this survey as

10-20    that shoreline existed before commencement of erosion response

10-21    activity in the coastal zone, as required by Chapter 33, Natural

10-22    Resources Code.  If a lease, easement, or other instrument was

10-23    issued by the Commissioner of the General Land Office or the School

10-24    Land Board in connection with the erosion response activity, the

10-25    line depicted on this survey fixes the shoreline for the purpose of

10-26    locating a shoreline boundary, subject to movement landward as

10-27    provided by Section 33.609, Natural Resources Code."

 11-1          (c)  Within 30 days after the date the commissioner approves

 11-2    a coastal boundary survey under this section, the commissioner

 11-3    shall provide notice of that approval by:

 11-4                (1)  publication in the Texas Register;

 11-5                (2)  publication for two consecutive weeks in a

 11-6    newspaper of general circulation in the county or counties in which

 11-7    the land depicted on the survey is located; and

 11-8                (3)  filing a copy of the approval in the archives and

 11-9    records division of the land office.

11-10          Sec. 33.610.  LANDOWNER CONSENT.  (a)  Except as provided by

11-11    Subsection (c), a state agency or local government may not

11-12    undertake erosion response activity on:

11-13                (1)  private property without first obtaining the

11-14    written consent of the property owner; or

11-15                (2)  permanent school fund land without first obtaining

11-16    the written consent of the board.

11-17          (b)  On receipt of consent required under Subsection (a), the

11-18    commissioner may enter the property and undertake any erosion

11-19    response activity authorized under this subchapter.

11-20          (c)  Consent to undertake erosion response activity on a

11-21    public beach is not required under this subchapter.

11-22          Sec. 33.611.  IMMUNITY.  The state, the commissioner, and

11-23    land office staff are immune from suit and from liability for any

11-24    act or omission related to:

11-25                (1)  the approval, disapproval, funding, or performance

11-26    of an erosion response activity;

11-27                (2)  the failure of an erosion response activity

 12-1    undertaken by the commissioner under this subchapter to fulfill its

 12-2    intended purpose;

 12-3                (3)  the adoption, approval, disapproval, funding, or

 12-4    performance of a survey, erosion response project, or erosion

 12-5    response activity; or

 12-6                (4)  any matter related to erosion response by the

 12-7    commissioner provided for in this subchapter.

 12-8          Sec. 33.612.  JUDICIAL REVIEW.  (a)  Judicial review of

 12-9    rights affected by an action of the state, the commissioner, or

12-10    land office staff under this subchapter shall be under the

12-11    substantial evidence rule.  In order to prevail, a person seeking

12-12    review must prove that the action complained of was arbitrary,

12-13    capricious, or not otherwise in accordance with law.

12-14          (b)  Venue for an action relating to this subchapter is in

12-15    Travis County.

12-16          Sec. 33.613.  PROOF OF CLAIM.  A person who claims title to

12-17    permanent school fund land as a result of accretion, reliction, or

12-18    avulsion in the coastal zone after September 1, 1997, in order to

12-19    prevail in the claim, must prove that:

12-20                (1)  a change in the shoreline has occurred;

12-21                (2)  the change did not occur as a result of the

12-22    claimant's actions, the action of any predecessor in title, the

12-23    action of any grantee, assignee, licensee, or person authorized by

12-24    the claimant to use the claimant's land, or an erosion response

12-25    activity; and

12-26                (3)  the claimant is entitled to benefit from the

12-27    change.

 13-1          Sec. 33.614.  CORRECTION OF TAX ROLLS.  (a)  The owner of

 13-2    land that has become submerged because of erosion may request the

 13-3    commissioner's assistance under this section in removing the

 13-4    property from the tax rolls by submitting to the commissioner:

 13-5                (1)  a written request for assistance under this

 13-6    section;

 13-7                (2)  a legal description of the property owned by the

 13-8    landowner as identified on the tax rolls;

 13-9                (3)  a copy of the vesting deed or other instrument

13-10    conveying title to the property to the landowner;

13-11                (4)  a map or other document accurately depicting the

13-12    property and the portion of the property that has become submerged

13-13    because of erosion;

13-14                (5)  a written declaration, signed by the landowner and

13-15    acknowledged by a notary public, that the property or a portion of

13-16    the property, as identified on the map required under Subdivision

13-17    (4), is no longer owned by the landowner because of erosion and

13-18    that ownership is vested in the permanent school fund; and

13-19                (6)  the name and address of the local appraisal

13-20    district and each taxing entity to be notified of permanent school

13-21    fund ownership and the tax parcel number of the property.

13-22          (b)  On receipt of the information required under Subsection

13-23    (a), the commissioner shall inform the local appraisal district and

13-24    identified taxing entities that the property listed on local tax

13-25    rolls and the subject of the request under Subsection (a) is owned

13-26    by the permanent school fund because of erosion.

13-27          (c)  On receipt of notice from the commissioner the district

 14-1    or taxing entity shall remove the property from the tax rolls.

 14-2          SECTION 2.  (a)  This Act takes effect September 1, 1997.

 14-3          (b)  Sections 33.609 and 33.610, Natural Resources Code, as

 14-4    added by this Act, apply only to erosion response activity

 14-5    undertaken on or after September 1, 1997.

 14-6          (c)  Section 33.611, Natural Resources Code, as added by this

 14-7    Act, applies only to a cause of action that accrues on or after

 14-8    September 1, 1997.  A cause of action that accrued before the

 14-9    effective date of this Act is covered by the law as it existed

14-10    immediately before that date, and that law is continued in effect

14-11    for that purpose.

14-12          SECTION 3.  The importance of this legislation and the

14-13    crowded condition of the calendars in both houses create an

14-14    emergency and an imperative public necessity that the

14-15    constitutional rule requiring bills to be read on three several

14-16    days in each house be suspended, and this rule is hereby suspended.