By Bernsen, et al.                                    S.B. No. 1690
         76R4037 SMH-F                           
                                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.  Sections 33.136(a)-(e), Natural Resources Code,
 1-5     are amended to read as follows:
 1-6           (a)  Notwithstanding any law to the contrary, a person may
 1-7     not undertake, in the coastal zone [on the public beach, as defined
 1-8     in Section  61.001(8), Texas Natural Resources Code], an action
 1-9     relating to erosion response that will cause or contribute to
1-10     shoreline alteration before the person has conducted and filed a
1-11     coastal boundary survey in the same manner as the survey of public
1-12     land required by Chapter 21 and any applicable rule of the
1-13     commissioner and has obtained any required lease or other
1-14     instrument from the  commissioner or board, as applicable.  On
1-15     filing of the survey, the shoreline depicted on the survey is a
1-16     fixed line for the purpose of locating a shoreline boundary,
1-17     subject to movement [erosion] landward of that line.  A coastal
1-18     boundary survey conducted under this section may not be  filed
1-19     until the commissioner gives notice of approval under Subsection
1-20     (c).
1-21           (b)  The survey must contain the following statement:
1-22     "NOTICE:  This survey was performed in accordance with Section
1-23     33.136, Natural Resources Code, for the purpose of evidencing the
1-24     location of the shoreline in the area depicted in this survey as
 2-1     that shoreline existed before commencement of erosion response
 2-2     activity [on the public beach], as required by Chapter 33, Natural
 2-3     Resources Code.  If a lease, easement, or other instrument was
 2-4     issued by the commissioner or board in connection with the  erosion
 2-5     response activity, the [The] line depicted on this survey fixes the
 2-6     shoreline for the purpose of locating a shoreline boundary, subject
 2-7     to movement [erosion] landward as provided by Section 33.136,
 2-8     Natural Resources Code."
 2-9           (c)  Within 30 days after the date the commissioner approves
2-10     a coastal boundary survey [fixing the location of the shoreline]
2-11     under this section, the commissioner shall provide notice of that
2-12     approval [the commissioner's action] by:
2-13                 (1)  publication in the Texas Register;
2-14                 (2)  publication for two consecutive weeks in a
2-15     newspaper of general circulation in the county or counties in which
2-16     the land depicted in the survey is located; and
2-17                 (3)  filing a copy of the approval [commissioner's
2-18     decision] in the archives and records division of the land office.
2-19           (d)  A person who claims title to permanent school fund land
2-20     as a result of accretion, reliction, or avulsion in the coastal
2-21     zone on or after September 1, 1999, [on the public beach in an area
2-22     where the shoreline was or may have been changed by an action
2-23     relating to erosion response] must, in order to prevail in the
2-24     claim, prove that:
2-25                 (1)  a change in the shoreline has occurred;
2-26                 (2)  the change did not occur as a result of the
2-27     claimant's actions, the action of any predecessor in title, the
 3-1     action of any grantee, assignee, licensee, or person authorized by
 3-2     the claimant to use the claimant's land, or an erosion response
 3-3     activity; and
 3-4                 (3)  the claimant is entitled to benefit from the
 3-5     change.
 3-6           (e)  An upland owner who, because of erosion response
 3-7     activity undertaken by the commissioner, ceases to hold title to
 3-8     land that extends to  the shoreline as altered by the erosion
 3-9     response activity is entitled to continue to exercise all littoral
3-10     rights possessed by that owner before the date the erosion response
3-11     activity commenced, including rights of ingress, egress, boating,
3-12     bathing, and fishing.
3-13           SECTION 2.  Sections 33.203(1) and (10), Natural Resources
3-14     Code, are amended to read as follows:
3-15                 (1)  "Coastal natural resource areas" means:
3-16                       (A)  coastal barriers;
3-17                       (B)  coastal historic areas;
3-18                       (C)  coastal preserves;
3-19                       (D)  coastal shore areas;
3-20                       (E)  coastal wetlands;
3-21                       (F)  critical dune areas;
3-22                       (G)  critical coastal erosion areas;
3-23                       (H)  gulf beaches;
3-24                       (I)  hard substrate reefs;
3-25                       (J)  oyster reefs;
3-26                       (K)  submerged land;
3-27                       (L)  special hazard areas;
 4-1                       (M)  submerged aquatic vegetation;
 4-2                       (N)  tidal sand or mud flats;
 4-3                       (O)  water of the open Gulf of Mexico; and
 4-4                       (P)  water under tidal influence.
 4-5                 (10)  "Critical coastal erosion area" has the meaning
 4-6     assigned [means an area designated] by [the land commissioner
 4-7     under] Section 33.601 [33.601(b)].
 4-8           SECTION 3.  Subchapter H, Chapter 33, Natural Resources Code,
 4-9     is amended to read as follows:
4-10                       SUBCHAPTER H.  COASTAL EROSION
4-11           Sec. 33.601.  DEFINITIONS.  In this subchapter:
4-12                 (1)  "Account" means the coastal erosion response
4-13     account established under Section 33.604.
4-14                 (2)  "Beach nourishment" means the placement of
4-15     beach-quality sediment on an eroded beach to restore it as a
4-16     recreational beach, provide storm protection for upland property,
4-17     maintain a restored beach by the replacement of sand, or serve
4-18     other similar beneficial purposes.
4-19                 (3)  "Coastal erosion" means the loss of land, marshes,
4-20     wetlands, beaches, or other coastal features within the coastal
4-21     zone because of the actions of wind, waves, tides, storm surges,
4-22     subsidence, or other forces.
4-23                 (4)  "Critical coastal erosion area" means a coastal
4-24     area that is experiencing historical erosion, according to the most
4-25     recently published data of the Bureau of Economic Geology of The
4-26     University of Texas at Austin, that the commissioner finds to be a
4-27     threat to:
 5-1                       (A)  public health, safety, or welfare;
 5-2                       (B)  public beach use or access;
 5-3                       (C)  general recreation;
 5-4                       (D)  traffic safety;
 5-5                       (E)  public property or infrastructure;
 5-6                       (F)  private commercial or residential property;
 5-7                       (G)  fish or wildlife habitat; or
 5-8                       (H)  an area of regional or national importance.
 5-9                 (5)  "Erosion response project" means an action
5-10     intended to address or mitigate coastal erosion, including beach
5-11     nourishment, sediment management, beneficial use of dredged
5-12     material, creation or enhancement of a dune, wetland, or marsh, and
5-13     construction of a breakwater, bulkhead, groin, jetty, or other
5-14     structure.
5-15                 (6)  "Hard structure" means a hard or rigid shoreline
5-16     structure built to protect upland property.  The term includes a
5-17     jetty, groin, bulkhead, seawall, riprap, rubble mound, or revetment
5-18     or a similar structure that is the functional equivalent of one of
5-19     those structures.
5-20                 (7)  "Institution of higher education" has the meaning
5-21     assigned by Section 61.003, Education Code.
5-22                 (8)  "Local government" means a political subdivision
5-23     of this state.
5-24                 (9)  "Project cooperation agreement" means a contract
5-25     executed by the land office and a qualified project partner that
5-26     explicitly defines the terms under which a study or project will be
5-27     conducted.
 6-1                 (10)  "Public beach" has the meaning assigned by
 6-2     Section 61.013.
 6-3                 (11)  "Qualified project partner" means a local
 6-4     government, state or federal agency, institution of higher
 6-5     education, homeowners' association, or other public or private
 6-6     entity that enters into an agreement with the land office to
 6-7     finance, study, design, install, or maintain an erosion response
 6-8     project.
 6-9                 (12)  "Shared project cost" means a project cost
6-10     identified by the commissioner and established in a project
6-11     cooperation agreement that will be shared with a qualified project
6-12     partner.
6-13           Sec. 33.602 [33.601].  COASTAL EROSION DUTIES AND AUTHORITY.
6-14     (a)  The land office shall implement a program [act as the lead
6-15     agency for the coordination] of coastal erosion avoidance,
6-16     remediation, and planning.  The commissioner shall ensure that
6-17     erosion avoidance, remediation, and planning protect the common law
6-18     rights of the public in public beaches as affirmed by Subchapter B,
6-19     Chapter 61 [of this code].
6-20           (b)  The commissioner shall publish and periodically update a
6-21     coastal erosion response plan.  The commissioner shall develop the
6-22     plan [,] in coordination with state and federal agencies and local
6-23     governments and provide for public input on the plan.  The plan
6-24     must[, promulgate rules, recommendations, standards, and guidelines
6-25     for erosion avoidance and remediation and for prioritizing critical
6-26     coastal erosion areas.  The commissioner shall] identify critical
6-27     coastal erosion areas and prioritize coastal erosion response
 7-1     studies and projects so that:
 7-2                 (1)  benefits are balanced throughout the coast;
 7-3                 (2)  federal and local financial participation is
 7-4     maximized;
 7-5                 (3)  studies and projects are scheduled to achieve
 7-6     efficiencies and economies of scale; and
 7-7                 (4)  the severity of erosion effects in each area is
 7-8     taken into account [establish recommendations, standards, and
 7-9     guidelines for coastal erosion avoidance and remediation in those
7-10     areas].
7-11           (c)  The commissioner may adopt rules necessary to implement
7-12     this subchapter.
7-13           Sec. 33.603 [33.602].  COASTAL EROSION STUDIES AND PROJECTS.
7-14     (a)  The land office shall undertake coastal [engage in]  erosion
7-15     studies, demonstration projects, and response projects if the land
7-16     office receives legislative appropriations or other funding for
7-17     that purpose.  If  reasonable and appropriate, the land office
7-18     shall work [studies] in conjunction with other state agencies,
7-19     local governments, [and] federal agencies, including the United
7-20     States Army Corps of Engineers, or other qualified project partners
7-21     in undertaking those studies and projects.
7-22           (b)  The studies and [Such] projects [and studies] shall
7-23     address:
7-24                 (1)  assessment of the feasibility, cost, and financing
7-25     of different methods of avoiding, slowing, or remedying coastal
7-26     erosion; [, including but not limited to the following:]
7-27                 (2)  beneficial [(1) selective] placement [and
 8-1     stockpiling] of [beach-quality] dredged material where appropriate
 8-2     to replenish eroded public beach, bayshore, marsh [bay], and dune
 8-3     areas;
 8-4                 (3)  public beach, bayshore, and marsh nourishment or
 8-5     restoration projects using sediments other than material from
 8-6     navigational or other dredging projects;
 8-7                 (4) [(2)]  guidelines on grain size and toxicity level;
 8-8                 (5)  the economic, natural resource, and other benefits
 8-9     of coastal erosion projects;
8-10                 (6) [(3)  establishment of beach nourishment projects
8-11     as a method of flood control;]
8-12                 [(4)  promoting] the protection, revegetation, and
8-13     restoration of dunes;
8-14                 (7) [(5)]  the planting of vegetation as a means of
8-15     inhibiting bayshore erosion and projects developing and cultivating
8-16     disease-resistant vegetation adapted to local conditions;
8-17                 (8) [(6)  decreasing the current deficiency in the sand
8-18     budget;]
8-19                 [(7)]  the construction or retrofitting [feasibility]
8-20     of [constructing new] dams, jetties, groins, and other impoundment
8-21     structures with sediment bypassing systems;
8-22                 [(8)  the feasibility of retrofitting existing
8-23     impoundment structures to allow sediment bypassing;]
8-24                 (9)  estimating the quantity and quality of sediment
8-25     trapped by reservoirs, navigation channels, and placement areas and
8-26     identification of other [the] sediment sources;
8-27                 [(10)  decreasing and eliminating human-induced
 9-1     subsidence by means including, but not limited to, evaluating the
 9-2     consequences of limiting groundwater withdrawals and maintaining
 9-3     adequate pressure in hydrocarbon reservoirs, consistent with proper
 9-4     petroleum reservoir engineering principles and applicable
 9-5     regulatory requirements; and]
 9-6                 (10)  hard structures on bayshorelines, [(11)] giving
 9-7     preference to [and encouraging] "soft" methods of avoiding,
 9-8     slowing, or remedying erosion in lieu of erecting hard or rigid
 9-9     shorefront structures;
9-10                 (11)  storm damage mitigation, post-storm damage
9-11     assessment, and debris removal from public beaches; and
9-12                 (12)  other studies or projects the commissioner
9-13     considers necessary or appropriate to implement this subchapter.
9-14           (c)  An agreement between the commissioner and a qualified
9-15     project partner to undertake a coastal erosion response study or
9-16     project:
9-17                 (1)  must require the qualified project partner to pay
9-18     at least 25 percent of the shared project cost:
9-19                       (A)  before completion of the project; or
9-20                       (B)  following completion of the project, in
9-21     accordance with a schedule provided by the agreement; and
9-22                 (2)  may contain other terms governing the study or
9-23     project.
9-24           (d)  This chapter does not authorize the construction of a
9-25     hard structure on or landward of a public beach.
9-26           Sec. 33.604.  COASTAL EROSION RESPONSE ACCOUNT.  (a)  The
9-27     coastal erosion response account is an account in the general
 10-1    revenue fund that may be appropriated only to the commissioner and
 10-2    used only for the purpose of implementing this subchapter.
 10-3          (b)  The account consists of:
 10-4                (1)  all money appropriated for the purposes of this
 10-5    subchapter;
 10-6                (2)  grants to this state from the United States for
 10-7    the purposes of this subchapter;
 10-8                (3)  fees remitted to the comptroller under Section
 10-9    118.017, Local Government Code, and Sections 521.425(b) and
10-10    522.029(i), Transportation Code;
10-11                (4)  all money received by this state from the sale of
10-12    dredged material; and
10-13                (5)  all money received by the comptroller or
10-14    commissioner from any other source for the purposes of this
10-15    subchapter.
10-16          (c)  If the legislature appropriates at least $15 million for
10-17    the purposes of this subchapter for a state fiscal biennium, the
10-18    comptroller, not later than August 1 preceding that state fiscal
10-19    biennium, shall notify each entity otherwise obligated to impose
10-20    the fees described by Subsection (b)(3) that the entity may not
10-21    impose the fees during that state fiscal biennium.
10-22          Sec. 33.605.  USES OF ACCOUNT.  (a)  Money in the account may
10-23    be used for any action authorized by this subchapter.
10-24          (b)  The commissioner must approve an expenditure from the
10-25    account.  In determining whether to approve an expenditure for a
10-26    study or project, the commissioner shall consider:
10-27                (1)  the amount of money in the account;
 11-1                (2)  the feasibility and cost-effectiveness of the
 11-2    study or project;
 11-3                (3)  the locations of other existing or proposed
 11-4    erosion response projects;
 11-5                (4)  the needs in other critical coastal erosion areas;
 11-6                (5)  the effect of the study or project on public or
 11-7    private property; and
 11-8                (6)  if the site to be studied or project to be
 11-9    conducted  will be located within the jurisdiction of a local
11-10    government subject to Chapter 61 or 63, whether the local
11-11    government is adequately administering those chapters.
11-12          Sec. 33.606 [33.603].  GRANTS AND GIFTS.  The commissioner
11-13    may apply for, request, solicit, contract for, receive, and accept
11-14    gifts, grants, donations, and other assistance from any source to
11-15    carry out the powers and duties provided by this subchapter.
11-16          Sec. 33.607 [33.604].  COASTAL EROSION PUBLIC AWARENESS AND
11-17    EDUCATION.  (a)  The land office shall be responsible for and shall
11-18    coordinate with other agencies to increase public awareness through
11-19    public education concerning:
11-20                (1)  the causes of erosion;
11-21                (2)  the consequences of erosion;
11-22                (3)  the importance of barrier islands, dunes, and bays
11-23    as a natural defense against storms and hurricanes; and
11-24                (4)  erosion avoidance techniques.
11-25          (b)  On an ongoing basis, [The] commissioner, in consultation
11-26    [cooperation] with the Bureau of Economic Geology of The University
11-27    of Texas at Austin [Bureau of Economic Geology] and coastal [local]
 12-1    county and municipal governments [for each coastal county], shall
 12-2    monitor historical [jointly quantify the] erosion rates at each
 12-3    location along the shore of the Gulf of Mexico.
 12-4          (c)  The commissioner shall make historical erosion data
 12-5    accessible, through the Internet and otherwise, to the public and
 12-6    persons receiving the notice required under Section 61.025.
 12-7          (d)  A local government subject to Chapter 61 or 63 is
 12-8    encouraged to use historical erosion data to[,] prepare a plan for
 12-9    reducing public expenditures for erosion and storm damage losses to
12-10    public  and private property, including public beaches, by
12-11    establishing and implementing a building set-back line that will
12-12    accommodate a [50-year] shoreline retreat.  The local government
12-13    shall hold a public educational meeting on the plan before
12-14    proposing to implement it through the plans, orders, or ordinances
12-15    provided by Chapters 61 and 63[, and report back to the legislature
12-16    with recommendations].
12-17          Sec. 33.608.  REPORT TO LEGISLATURE.  Each biennium, the
12-18    commissioner shall submit to the legislature a report listing:
12-19                (1)  each critical erosion area;
12-20                (2)  each proposed erosion response study or project;
12-21                (3)  an estimate of the cost of each  proposed study or
12-22    project described by Subdivision (2);
12-23                (4)  each coastal erosion response study or project
12-24    funded under this subchapter during the preceding biennium;
12-25                (5)  the economic and natural resource benefits from
12-26    each coastal erosion response study or project described by
12-27    Subdivision (4);
 13-1                (6)  the financial status of the account; and
 13-2                (7)  an estimate of the cost of implementing this
 13-3    subchapter during the succeeding biennium.
 13-4          Sec. 33.609.  LANDOWNER CONSENT.  (a)  The commissioner may
 13-5    not undertake a coastal erosion response project on:
 13-6                (1)  permanent school fund land without first obtaining
 13-7    the written consent of the school land board; or
 13-8                (2)  private property, other than that encumbered by
 13-9    the common law rights of the public affirmed by Chapter 61, without
13-10    first obtaining the written consent of the property owner.
13-11          (b)  If the commissioner cannot determine the identity of or
13-12    locate a property owner, consent is considered to have been given
13-13    if:
13-14                (1)  the commissioner publishes a notice of the project
13-15    at least once a week for two consecutive weeks in the newspaper
13-16    having the largest circulation in the county in which the project
13-17    is located; and
13-18                (2)  the property owner does not object on or before
13-19    the 20th day after the last date notice is published under
13-20    Subdivision (1).
13-21          Sec. 33.610.  REMOVAL OF SUBMERGED LAND FROM APPRAISAL AND
13-22    TAX ROLLS.  (a)  If the commissioner determines that land has
13-23    become submerged by erosion or subsidence and as a result is
13-24    dedicated to the permanent school fund, the commissioner may notify
13-25    in writing the appraisal district that appraises the land for ad
13-26    valorem tax purposes and each taxing unit that imposes taxes on the
13-27    land.  The notice must include a legal description of the land.
 14-1          (b)  On receipt of notice under Subsection (a):
 14-2                (1)  the appraisal district shall remove the land from
 14-3    the appraisal roll; and
 14-4                (2)  each taxing unit shall remove the land from its
 14-5    tax roll.
 14-6          Sec. 33.611.  IMMUNITY.  This state, the commissioner, and
 14-7    land office staff are immune from suit for damages and from
 14-8    liability for an act or omission related to:
 14-9                (1)  the approval, disapproval, funding, or performance
14-10    of a coastal erosion response activity, including an erosion
14-11    response study or project or a survey;
14-12                (2)  the failure of an erosion response project
14-13    undertaken by the commissioner under this subchapter to fulfill its
14-14    intended purpose; or
14-15                (3)  any other matter related to erosion response by
14-16    the commissioner provided for by this subchapter.
14-17          Sec. 33.612.  JUDICIAL REVIEW.  (a)  Judicial review of
14-18    rights affected by an action of this state, the commissioner, or
14-19    land office staff under this subchapter is under the substantial
14-20    evidence rule.  In order to prevail, a person seeking review must
14-21    prove that the action complained of was arbitrary, capricious, or
14-22    otherwise not in accordance with law.
14-23          (b)  Venue for an action relating to this subchapter is in
14-24    Travis County.
14-25          SECTION 4.  Section 61.025(a), Natural Resources Code, is
14-26    amended to read as follows:
14-27          (a)  A person who sells or conveys an interest, other than a
 15-1    mineral, leasehold, or security interest, in real property located
 15-2    seaward of the Gulf Intracoastal Waterway to its southernmost point
 15-3    and then seaward of the longitudinal line also known as 97 degrees,
 15-4    12', 19" which runs southerly to the international boundary from
 15-5    the intersection of the centerline of the Gulf Intracoastal
 15-6    Waterway and the Brownsville Ship Channel must include in any
 15-7    executory contract for conveyance the following statement:
 15-8          The real property described in this contract is located
 15-9    seaward of the Gulf Intracoastal Waterway to its southernmost point
15-10    and then seaward of the longitudinal line also known as 97 degrees,
15-11    12', 19" which runs southerly to the international boundary from
15-12    the intersection of the centerline of the Gulf Intracoastal
15-13    Waterway and the Brownsville Ship Channel.  If the property is in
15-14    close proximity to a beach fronting the Gulf of Mexico, the
15-15    purchaser is hereby advised that the public has acquired a right of
15-16    use or easement to or over the area of any public beach by
15-17    prescription, dedication, or presumption, or has retained a right
15-18    by virtue of continuous right in the public since time immemorial,
15-19    as recognized in law and custom.
15-20          The extreme seaward boundary of natural vegetation that
15-21    spreads continuously inland customarily marks the landward boundary
15-22    of the public easement.  If there is no clearly marked natural
15-23    vegetation line, the landward boundary of the easement is as
15-24    provided by Sections 61.016 and 61.017, Natural Resources Code.
15-25          State law prohibits any obstruction, barrier, restraint, or
15-26    interference with the use of the public easement, including the
15-27    placement of structures seaward of the landward boundary of the
 16-1    easement.  STRUCTURES ERECTED SEAWARD OF THE VEGETATION LINE (OR
 16-2    OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD OF THE
 16-3    VEGETATION LINE AS A RESULT OF NATURAL PROCESSES SUCH AS SHORELINE
 16-4    EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE
 16-5    THE  STRUCTURES.
 16-6          The purchaser is hereby notified that the purchaser should:
 16-7                (1)  determine the rate of shoreline erosion in the
 16-8    vicinity of the real property; and
 16-9                (2)  seek the advice of an attorney or other qualified
16-10    person before executing this contract or instrument of conveyance
16-11    as to the relevance of these statutes and facts to the value of the
16-12    property the purchaser is hereby purchasing or contracting to
16-13    purchase.
16-14          SECTION 5.  Section 118.011, Local Government Code, is
16-15    amended by adding Subsection (e) to read as follows:
16-16          (e)  The county clerk of a county located in a seacoast
16-17    territory under Article 21.49, Insurance Code, may collect the
16-18    following fee for services rendered to any person:
16-19          Coastal Erosion Response (Sec. 118.017) ............... $5.00
16-20          SECTION 6.  Subchapter B, Chapter 118, Local Government Code,
16-21    is amended by adding Section 118.017 to read as follows:
16-22          Sec. 118.017.  COASTAL EROSION RESPONSE FEE.  (a)  The fee
16-23    for "Coastal Erosion Response" under Section 118.011 is for filing
16-24    and recording, including indexing, in the real property records in
16-25    the office of the county clerk a document that is subject to the
16-26    fee for "Real Property Records Filing" under that section.  The fee
16-27    is in addition to any other fee authorized by this chapter or other
 17-1    law.
 17-2          (b)  The county clerk may not collect the fee during a state
 17-3    fiscal biennium if the county clerk receives a notice under Section
 17-4    33.604(c), Natural Resources Code.
 17-5          (c)  The county clerk shall keep separate records of money
 17-6    collected as fees under this section and shall deposit the money in
 17-7    the county treasury.
 17-8          (d)  Monthly, the county clerk shall remit the money to the
 17-9    comptroller in the manner and with the report required by the
17-10    comptroller.
17-11          (e)  The comptroller shall deposit money received under this
17-12    section to the credit of the coastal erosion response account.
17-13    Money in the account may be used only for the purposes prescribed
17-14    by Section 33.605, Natural Resources Code.
17-15          SECTION 7.  Section 521.421, Transportation Code, is amended
17-16    by adding Subsection (g) to read as follows:
17-17          (g)  In addition to the fee imposed under another subsection
17-18    of this section, each applicant for issuance or renewal of a
17-19    driver's license shall pay a coastal erosion response account fee
17-20    of 75 cents.  The department may not impose the fee during a state
17-21    fiscal biennium if the department receives a notice under Section
17-22    33.604(c), Natural Resources Code.
17-23          SECTION 8.  Section 521.425, Transportation Code, is amended
17-24    to read as follows:
17-25          Sec. 521.425.  REMITTANCE OF FEES AND CHARGES.   (a) Each fee
17-26    or charge required by this chapter and collected by an officer or
17-27    agent of the department shall be sent without deduction to the
 18-1    department in Austin.
 18-2          (b)  The department shall remit the amount of the coastal
 18-3    erosion response account fee imposed under Section 521.421(g), less
 18-4    an amount equal to the department's administrative costs, to the
 18-5    comptroller for deposit to the credit of the coastal erosion
 18-6    response account established under Section 33.604, Natural
 18-7    Resources Code.
 18-8          SECTION 9.  Section 522.029, Transportation Code, is amended
 18-9    by adding Subsections (h) and (i) to read as follows:
18-10          (h)  In addition to the fee imposed under another subsection
18-11    of this section, each applicant for issuance or renewal of a
18-12    commercial driver's license or commercial driver learner's permit
18-13    shall pay a coastal erosion response account fee of 75 cents.  The
18-14    department may not impose the fee during a state fiscal biennium if
18-15    the department receives a notice under Section 33.604(c), Natural
18-16    Resources Code.
18-17          (i)  The department shall remit the amount of the coastal
18-18    erosion response account fee imposed under Subsection (h), less an
18-19    amount equal to the department's administrative costs, to the
18-20    comptroller for deposit to the credit of the coastal erosion
18-21    response account established under Section 33.604, Natural
18-22    Resources Code.
18-23          SECTION 10.  (a)  This Act takes effect September 1, 1999.
18-24          (b)  Section 33.136(d), Natural Resources Code, as amended by
18-25    this Act, applies only to a cause of action that accrues on or
18-26    after September 1, 1999.  A cause of action that accrued before the
18-27    effective date of this Act is covered by the law as it existed
 19-1    immediately before that date, and that law is continued in effect
 19-2    for that purpose.
 19-3          (c)  Section 33.609, Natural Resources Code, as added by this
 19-4    Act, applies only to erosion response activity undertaken on or
 19-5    after September 1, 1999.
 19-6          (d)  Section 33.611, Natural Resources Code, as added by this
 19-7    Act, applies only to a cause of action that accrues on or after
 19-8    September 1, 1999.  A cause of action that accrued before the
 19-9    effective date of this Act is covered by the law as it existed
19-10    immediately before that date, and that law is continued in effect
19-11    for that purpose.
19-12          (e)  The fee required by Section 118.017, Local Government
19-13    Code, as added by this Act, applies only to a document filed on or
19-14    after the effective date of this Act.
19-15          (f)  The fees required by Sections 521.421(g) and 522.029(h),
19-16    Transportation Code, as added by this Act, apply only to the
19-17    issuance or renewal of a driver's license, commercial driver's
19-18    license, or commercial driver learner's permit on or after the
19-19    effective date of this Act.
19-20          SECTION 11.  The importance of this legislation and the
19-21    crowded condition of the calendars in both houses create an
19-22    emergency and an imperative public necessity that the
19-23    constitutional rule requiring bills to be read on three several
19-24    days in each house be suspended, and this rule is hereby suspended.