SRC-ARR C.S.S.B. 1690 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1690
By: Bernsen
Natural Resources
4/22/1999
Committee Report (Substituted)


DIGEST 

Currently, coastal erosion affects the Texas coastlines. C.S.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, C.S.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. Sets forth certain findings regarding public beaches and bays.

SECTION 2. Amends Sections 33.136(a)-(e), Natural Resources Code, to
prohibit a person from undertaking an action on or immediately landward of
a public beach or submerged land, including state mineral lands, 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 (commissioner) 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 take certain
action  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 3. Amends Section 33.203(10), Natural Resources Code, to define
"critical erosion area." 

SECTION 4. 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 or funding 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, including all money received by this state from the sale of
dredged material. 

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. Provides that the immunity granted
by this section does not apply to an act or omission that is intentional,
wilfully or wantonly negligent, or committed with conscious indifference or
reckless disregard for the safety of others. 

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 5. Amends Section 40.151(a) and (b), Natural Resources Code, to
provide that the purpose of this  subchapter is to provide immediately
available funds for response to all unauthorized discharges for erosion
response projects. Provides that the coastal protection fund is established
in the state treasury to be used by the commissioner as a nonlapsing
revolving fund only for carrying out the purposes of this chapter and of
Chapter 33H. 

SECTION 6. Amends Section 40.152(a), Natural Resources Code, to provide
that money in the fund may be disbursed for certain purposes, including an
amount not to exceed the interest accruing to the fund annually, erosion
response projects under Chapter 33H. 

SECTION 7. Amends Section 40.153, Natural Resources Code, to provide that
this section does not apply to sums expended under Section 40.152(a)(10). 

SECTION 8. Amends Section 40.161, Natural Resources Code, to provide that
this section does not apply to a sum expended under Section 40.152(a)(10). 

SECTION 9. 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. 

SECTION 10. Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 12. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Adds new SECTION 1 regarding public beaches and bay.Redesignates existing
SECTIONS accordingly. 

SECTION 2. 

Amends Section 33.136, Natural Resources Code, to prohibit a person from
undertaking an action on or immediately landward of a public beach or
submerged land, including state mineral lands, rather than in a coastal
zone. Deletes text regarding lease, easement, or other instrument issued by
the commissioner of board in connection with the erosion response activity.

SECTION 3. 

Amends Section 33.203, Natural Resources Code, to redefine "critical
erosion area," rather than "critical coastal erosion area."  

SECTION 4. 

 Amends Section 33.601, Natural Resources Code, to redefine "hard
structure."  

 Amends Section 33.603, Natural Resources Code, to provide that this
chapter does not authorize the funding of a hard structure on or landward
of a public beach. 

Amends Section 33.604, Natural Resources Code, to set forth the items of
which the account consists, including all money received by this state from
the sale of dredged material. Deletes text requiring the comptroller 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. 

Amends Section 33.611, Natural Resources Code, to provide that the immunity
granted by this section does not apply to certain acts or omissions. 

SECTION 5. 

Adds new SECTION 5 to amend Section 40.151(a) and (b), Natural Resources
Code, to provide that the purpose of this subchapter is to provide
immediately available funds for response to all unauthorized discharges for
erosion response projects. Provides that the coastal protection fund is
established in the state treasury to be used by the commissioner as a
nonlapsing revolving fund only for carrying out the purposes of this
chapter and of Chapter 33H. Deletes proposed changes to Section 61.025(a),
regarding the rate of shoreline erosion in the vicinity of the real
property.  

SECTION 6. 

Amends Section 40.152(a), Natural Resources Code, to provide that money in
the fund may be disbursed for certain purposes, including an amount not to
exceed the interest accruing to the fund annually, erosion response
projects under Chapter 33H. Deletes proposed Section 118.011(e), Local
Government Code, regarding collection of fees.  

SECTION 7. 

Amends Section 40.153, Natural Resources Code, to provide that this section
does not apply to sums expended under Section 40.152(a)(10). Deletes
proposed Section 118.017, Natural Resources Code, regarding coastal erosion
response fee.  

SECTION 8. 

Amends Section 40.161, Natural Resources Code, to provide that this section
does not apply to a sum expanded under Section 40.152(a)(10). Deletes text
regarding a coastal erosion response account fee. 

SECTION 9. 

Amends Section 61.0125, 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. Deletes text
regarding remittance of fees and charges.  

SECTION 10.

Deletes proposed changes to Section 522.029(h) and (i), Transportation
Code, the coastal erosion response account fee. Redesignates existing
SECTIONS accordingly.