By: Ritter H.B. No. 1818
A BILL TO BE ENTITLED
AN ACT
relating to the operation and placement of systems used to anchor or
moor barges in, on or adjacent to coastal lands of the state of
Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 33, Natural Resource Code, Management of
Coastal Public Land, Subchapter D, Rights in Coastal Public Land is
amended to read as follows:
Section 33.137. STRUCTURES USED TO SECURE BARGES LOCATED ON
COASTAL PUBLIC LANDS OF THE STATE. (a) The General Land Office of
Texas, in consultation with the Texas Commission on Environmental
Quality and the Texas Parks and Wildlife Department, shall
establish administrative rules governing the placement and
operation of water based barge mooring structures located on
coastal public lands of the state. The rules shall establish a
program for receiving a permit to operate water based barge mooring
structures. The program will establish standards regarding the
siting and operation of water based barge mooring structures
designed to ensure the protection and enjoyment of coastal
resources for all citizens of Texas.
(b) The permit shall be issued by the General Land Office
and require the approval of the General Land Office, Texas Parks and
Wildlife Department and Texas Commission on Environmental Quality.
All water based barge mooring structures which were not approved by
the State of Texas as of January 1, 2003 shall apply for and receive
a permit before commencing operations on or after the effective
date of the rules regardless of any permits, leases or approvals
currently governing such structures.
(c) For purposes of this section "water based barge mooring
structure" shall be defined as a structure utilizing buoys or other
flotation devices anchored into the coastal public land of the
state, as that term is defined in Section 33.004 of this Chapter, to
secure or anchor a barge or barges or any other marine vessel which
requires another vessel to propel it and which may be used to
contain or transport bulk products or materials.
(d) It is the Legislature's intent that because of their
potential impact upon public uses and enjoyment of coastal
resources, permits for water based barge mooring structures shall
only be approved in those cases in which the applicant can
demonstrate that the structure will not interfere with or
negatively impact public uses of coastal resources.
(e) In determining whether a water based barge mooring
structure interferes with or negatively impacts public uses of
coastal resources, in conjunction with any administrative rules or
related statutory standards, the General Land Office shall consider
the following factors:
(1) Comments received from representatives of local
government and interested members of the public. The presence of
significant negative comments from representatives of local
government and members of the public regarding a proposed
water-based barge mooring structure shall constitute a rebuttable
presumption of the proposed structure's negative impact upon or
interference with coastal resources;
(2) The degree of area which the proposed structure
may occupy and thereby interfere with or prevent public uses of the
impacted resource as well as any adjacent or accessible resources;
(3) Potential impacts to coastal resources arising
from potential releases of materials or products at the permittee's
structure;
(4) Potential impacts to the proposed location of the
structure, environmental resources and public uses arising from the
presence or movement of barges and other marine vessels utilizing
the proposed structure;
(5) The ability of emergency response personnel to
access the proposed structure in the event of an emergency;
(6) The impact of the proposed structure upon the
aesthetic value of the area where it will be located;
(7) The potential economic impact of the proposed
structure both from the perspective of local governments and local
businesses; and
(8) Any other factor deemed relevant by the General
Land Office, Texas Commission on Environmental Quality, or Texas
Parks and Wildlife Department.
SECTION 2. This Act takes effect September 1, 2003.