By Patterson S.B. No. 707
75R6344 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain structures on coastal public land.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 33.004, Natural Resources Code, is
1-5 amended by amending Subdivision (10) and adding Subdivisions (15),
1-6 (16), and (17) to read as follows:
1-7 (10) "Structure" means any structure, work, or
1-8 improvement constructed on, affixed to, or worked on coastal public
1-9 land, including fixed or floating piers, wharves, docks, jetties,
1-10 groins, breakwaters, artificial reefs, fences, posts, retaining
1-11 walls, levees, ramps, permanently moored vessels, cabins, houses,
1-12 shelters, landfills, excavations, land canals, channels, and roads.
1-13 (15) "Vessel" means a watercraft capable of floating
1-14 in water, without regard to whether the vessel is propelled by
1-15 machinery. The term includes a boat, houseboat, barge, canoe,
1-16 punt, rowboat, or sailboat.
1-17 (16) "Permanently moored" means left in place for more
1-18 than 21 consecutive days.
1-19 (17) "Unauthorized structure" means a structure on
1-20 coastal public land not authorized by a proper easement, lease,
1-21 permit, or other instrument or authorization from this state as
1-22 required by this chapter or Chapter 51.
1-23 SECTION 2. Sections 33.125 and 33.127, Natural Resources
1-24 Code, are amended to read as follows:
2-1 Sec. 33.125. Automatic Revocation and Termination of a
2-2 Permit. (a) A permit that authorizes the continued use of a
2-3 previously unauthorized structure on coastal public land may be [is
2-4 considered automatically] revoked and terminated, at the board's
2-5 discretion, if the coastal public land on which the structure is
2-6 located is:
2-7 (1) subsequently leased for public purposes
2-8 incompatible with the continued presence of the structure;
2-9 (2) exchanged for littoral property under this
2-10 chapter; or
2-11 (3) conveyed to a navigation district as provided by
2-12 law.
2-13 (b) The board may authorize the relocation of the structure
2-14 to another site instead of revoking or terminating the permit.
2-15 Sec. 33.127. Terms and Renewal of Permits. (a) Permits may
2-16 be issued for a term to be determined by the board [period of not
2-17 more than five years] and may be renewed at the discretion of the
2-18 board. The combined total number of years of the initial term and
2-19 any renewal terms granted by the board may not exceed 15 years.
2-20 (b) On the expiration, termination, or cancellation of a
2-21 permit the board, in its sole discretion and in a manner to be
2-22 determined by the board, may issue a new permit authorizing the
2-23 continued existence and use of a structure on coastal public land.
2-24 The board may not issue a new permit after September 1, 2001.
2-25 SECTION 3. Section 33.124, Natural Resources Code, is
2-26 repealed.
2-27 SECTION 4. Notwithstanding Section 33.127(a), Natural
3-1 Resources Code, as amended by this Act, a permit issued before the
3-2 effective date of this Act the term for which, in combination with
3-3 the initial and previous renewal terms for that permit, will exceed
3-4 15 years, is valid until it expires.
3-5 SECTION 5. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended,
3-10 and that this Act take effect and be in force from and after its
3-11 passage, and it is so enacted.