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BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 932

                                                                                                                              By: Taylor (Lucio)

                                                                                            S/C on Agriculture & Coastal Resources

                                                                                                                                              4/5/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Owners of littoral property may construct and register a pier on the adjacent coastal public land without the prior consent or authorization from the state if the pier meets certain specified criteria; however, it the land owner wishes to have any appurtenances with the pier, such as a boat ramp or boathouse, authorization must first be obtained from the School Land Board (board) before constructing the pier or such appurtenances.

 

As proposed, H.B. 932 authorizes the board to adopt rules consistent with state policies intended to protect coastal resources under which littoral property owners could construct a pier with associated appurtenances on adjacent coastal public land without prior approval. Such piers and appurtenances would have to be registered with the General Land Office.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the School Land Board in SECTION 1 (Section 33.115, Natural Resources Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 33.115, Natural Resources Code, as follows:

 

Sec. 33.115.  PIERS.  (a) Authorizes the owner of littoral property, without obtaining an easement from the School Land Board (board), to construct a pier on adjacent coastal public land, if the pier is not used for commercial purposes.

 

(b)  Authorizes the board, in addition to the provisions of Subsection (a), to adopt rules with limitations and requirements that are consistent with the policies stated in Section 33.001 (Policy) of this code that allow an owner of littoral property to construct a pier with associated appurtenances on adjacent coastal public land without first obtaining an easement from the board.

 

(c)  Requires the location and dimensions of the pier and description of any associated appurtenances to be registered with the board in the manner provided by this chapter.

 

SECTION 2.  Effective date: upon passage or September 1, 2005.