SRC-ARR S.B. 1690 76(R) BILL ANALYSIS
Senate Research Center S.B. 1690
76R4037 SMH-FBy: Bernsen
Natural Resources
4/4/1999
As Filed
DIGEST
Currently, coastal erosion affects the Texas coastlines. S.B. 1690 creates
a Coastal Erosion Response account whereby a permanent source of funding
will be created to address the coastal erosion problems.
PURPOSE
As proposed, S.B. 1690 regulates coastal erosion.
RULEMAKING AUTHORITY
Rulemaking authority is granted to the commissioner of the General Land
Office in SECTION 2 (Section 33.602(c), Natural Resources Code) of this
bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 33.136(a)-(e), Natural Resources Code, to
prohibit a person from undertaking, in the coastal zone, rather than public
beach, an action relating to erosion response that will cause or contribute
to the shoreline alteration before the person has filed a certain survey
and has obtained any required lease or other instrument from the
commissioner of the General Land Office or School Land Board, as
applicable. Provides that on the filing of the survey, the shoreline
depicted on the survey is a fixed line for the purpose of locating a
shoreline boundary subject to movement, rather than erosion, landward of
that line. Sets forth the statement that the survey must contain. Requires
the commissioner to provide notice of approval of a survey in certain
publications. Requires a person who claims title to permanent school fund
land as a result of accretion, reliction, or avulsion in the coastal zone
on or after September 1, 1999, rather than on a public beach on a certain
area, to in order to prove certain conditions exist. Provides that an
upland owner who, because of erosion response activity undertaken by the
commissioner still holds certain rights.
SECTION 2. Amends Sections 33.203(1) and (10), Natural Resources Code, to
redefine "coastal natural resource area," and define "critical coastal
erosion area."
SECTION 3. Amends Chapter 33H, Natural Resources Code, as follows:
SUBCHAPTER H. COASTAL EROSION
Sec. 33.601. DEFINITIONS. Defines "account," "beach nourishment," "coastal
erosion," "critical coastal erosion are," "erosion response project," "hard
structure," "institution of higher education," "local government," "project
cooperation agreement," "public beach," "qualified project partner," and
"shared project cost."
Sec. 33.602. COASTAL EROSION DUTIES AND AUTHORITY. Requires the( land
office) to implement a certain program, rather than act as the lead agency
for the coordination of coastal erosion duties. Requires the commissioner
to publish and periodically update a coastal erosion response plan.
Requires the commissioner to develop the plan and provide for public input
on the plan. Requires the plan to prioritize coastal erosion response
studies and projects so certain actions are taken. Authorizes the
commissioner to adopt rules necessary to implement this subsection. Deletes
text regarding certain recommendations and guidelines.
Sec. 33.603. New heading: COASTAL EROSION STUDIES AND PROJECTS. Requires
the land office to undertake coastal erosion studies and response projects
if the land office receives legislative appropriations or other funding for
that purpose. Requires the land office to work with other government
agencies or other qualified project partners in undertaking those studies
and projects, if reasonable and appropriate. Requires the studies to
address certain issues. Requires an agreement between the commissioner and
a qualified project partner to undertake a coastal erosion response study
or project to take certain action. Provides that this chapter does not
authorize the construction of a hard structure on or landward of a public
beach.
Sec. 33.604. COASTAL EROSION RESPONSE ACCOUNT. Provides that the coastal
erosion response account is an account in the general revenue fund that may
be appropriated only to the commissioner and used only for the purpose of
implementing this subchapter. Sets forth the items of which the account
consists. Requires the comptroller, no later than a certain date, to notify
each entity otherwise obligated to impose the fees described by Section
(b)(3) that the entity may not impose the fees during that state fiscal
biennium, if the legislature appropriates at least $15 million for the
purpose of this subchapter for a state fiscal biennium.
Sec. 33.605. USES OF ACCOUNT. Authorizes money in the account to be used
for any action authorized by this subchapter. Requires the commissioner to
approve an expenditure from the account. Requires the commissioner to
consider certain conditions, in determining whether to approve an
expenditure for a study or project.
Sec. 33.606. GRANTS AND GIFTS. Redesignated from Section 33.603.
Sec.33.607. COASTAL EROSION PUBLIC AWARENESS AND EDUCATION. Requires the
commissioner, in consultation with the Bureau of Economic Geology of The
University of Texas at Austin and coastal and county and municipal
governments, to monitor historical erosion rates at each location along the
shore of the Gulf of Mexico. Requires the commissioner to make historical
erosion data accessible, through the Internet and otherwise, to the public
and persons receiving the notice required under Section 61.025. Encourages
a local government subject to Chapter 61 or 63 to use historical erosion
data to prepare a plan for reducing public expenditures for erosion and
storm damage losses to public and private property, including public
beaches, by establishing and implementing a building set-back line that
will accommodate a shoreline retreat. Requires the local government to hold
a public educational meeting on the plan before proposing to implement it
through the plans, orders, or ordinances provided by Chapter 61 and 63.
Deletes text regarding reporting back to the legislature with
recommendations.
Sec. 33.608. REPORT TO LEGISLATURE. Requires the commissioner, each
biennium, to submit to the legislature a report listing certain
information.
Sec. 33.609. LANDOWNER CONSENT. Prohibits the commissioner from undertaking
a coastal erosion response project on certain property without taking
certain actions first. Provides that if the commissioner cannot determine
the identity of or locate a property owner, consent is considered to have
been given if certain action is taken.
Sec. 33.610. REMOVAL OF SUBMERGED LAND FROM APPRAISAL AND TAX ROLLS.
Authorizes the commissioner to notify in writing the appraisal district
that appraised the land for ad valorem tax purposes and each taxing unity
that imposes taxes on the land, if the commissioner determines that land
has become submerged by erosion subsidence and as a result is dedicated to
the permanent school fund. Requires the notice to include a legal
description of the land. Requires certain action to be taken on receipt of
notice under Subsection (a).
Sec. 33.611. IMMUNITY. Provides that this state, the commissioner, and land
office staff are immune from suit for damages and from liability for an
act or omission related to certain actions.
Sec. 33.612. JUDICIAL REVIEW. Provides that review of rights affected by an
action of this state, the commissioner, or land office staff under this
subchapter is under the substantial evidence rule. Requires a person
seeking review, in order to prevail, to prove that the action complained of
was arbitrary, capricious, or otherwise not in accordance with law.
Provides that the venue for an action relating to this subchapter is in
Travis County.
SECTION 4. Amends Section 61.025(a), Natural Resources Code, to provide
that the purchaser is hereby notified that the purchaser should determine
the rate of shoreline erosion in the vicinity of the real property. Makes
conforming changes.
SECTION 5. Amends Section 118.011, Local Government Code, by adding
Subsection (e), to authorize the county clerk of a county located in a
seacoast territory under Article 21.49, Insurance Code, to collect certain
fees for services rendered to any person.
SECTION 6. Amends Chapter 118B, Local Government Code, by adding Section
118.017, as follows:
Sec. 118.017. COASTAL EROSION RESPONSE FEE. Sets forth the requirements for
certain fees.
SECTION 7. Amends Section 521.421, Transportation Code, by adding
Subsection (g), to require each applicant for issuance or renewal of a
driver's license to pay a coastal erosion response account fee of 75 cents.
Prohibits the Texas Department of Public Safety (department) from imposing
the fee during a state fiscal biennium if the department receives a notice
under Section 33.604(c), Natural Resources Code.
SECTION 8. Amends Section 521.425, Transportation Code, to authorize the
department to remit the amount of the coastal erosion response account fee
imposed under Section 521.421(g), less an amount equal to the department's
administrative costs, to the comptroller for deposit to the credit of the
coastal erosion response account established under Section 33.604, Natural
Resources Code. Makes a conforming change.
SECTION 9. Amends Section 522.029, Transportation Code, by adding
Subsections (h) and (i), to require each applicant of a commercial driver's
license or commercial driver learner's permit to pay a coastal erosion
response fee of 75 cents. Prohibits the department from imposing the fee
during a state fiscal biennium if the department receives a notice under
Section 33.604(c), Natural Resources Code. Makes conforming changes.
SECTION 10. Effective date: September 1, 1999.
Makes application of this Act prospective.
SECTION 11. Emergency clause.