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78R13541 MI-F


By:  Ritter, Deshotel, Hamilton                                   H.B. No. 1818

Substitute the following for H.B. No. 1818:                                   

By:  Haggerty                                                 C.S.H.B. No. 1818



A BILL TO BE ENTITLED

AN ACT

relating to the operation and placement of facilities used to 
anchor or moor barges or other marine vessels in, on, or adjacent to 
coastal public lands.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 33, Natural Resources 
Code, is amended by adding Section 33.137 to read as follows:
	Sec. 33.137.  FACILITIES USED TO SECURE BARGES AND OTHER 
VESSELS LOCATED ON COASTAL PUBLIC LANDS.  (a)  In this section, 
"water-based mooring facility" means a facility using buoys or 
other flotation devices anchored into or located on coastal public 
land to secure or anchor a barge or other marine vessel that 
requires another vessel to propel it and that may be used to contain 
or transport bulk products or materials.
	(b)  In determining whether to grant an easement for a 
water-based mooring facility located on coastal public land, the 
board shall consider, in addition to the policies stated in Section 
33.001 and elsewhere in this code:
		(1)  comments received from state natural resource 
agencies, representatives of local government, and interested 
members of the public;
		(2)  the extent to which the proposed facility may 
interfere with the use of coastal public land and associated 
resources by the general public;
		(3)  impacts to coastal resources that may result from 
releases of materials or products at or from the facility;
		(4)  impacts to coastal public land, other facilities 
or structures, and the use of coastal public land by the general 
public that may result from the presence or movement of barges or 
other marine vessels using the proposed facility;
		(5)  the ability of emergency response personnel to 
obtain access to the proposed facility in an emergency;
		(6)  the impact of the proposed facility on the 
aesthetic value of the area in which it is to be located;
		(7)  comments from local governments, businesses, and 
residents regarding the impact of the proposed facility on the 
local economy;
		(8)  comments from state and federal agencies regarding 
the proximity of the proposed facility to any area used for military 
or domestic security purposes;
		(9)  whether the applicant has acquired all applicable 
licenses, permits, or other authorizations required for the 
construction and operation of the proposed facility; and
		(10)  any other factor the board considers relevant.                   
	(c)  Before granting an easement for a water-based mooring 
facility, the board may hold a public hearing in Travis County or in 
the county in which the proposed facility is to be located.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
application for an easement for a water-based mooring facility that 
is filed with the General Land Office on or after September 1, 2003.