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.