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.