By:  Williams                                                     S.B. No. 1538


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.