BILL ANALYSIS

 

 

                                                                                                                                      C.S.H.B. 932

                                                                                                                                           By: Taylor

                                                                                                          Land & Resource Management

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

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 before constructing such pier or appurtenances.

 

C.S.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 land office.

 

RULEMAKING AUTHORITY

 

SECTION 1.               Authorizes the School Land Board to make rules regarding to authorize an                                     owner who constructs a pier to construct appurtenances associated with                                          the pier on adjacent public land without obtaining an easement.

 

ANALYSIS

 

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

 

                                    Clarifies that a littoral owner may construct a pier on the coastal public                                           land adjacent to his own property under certain regulations. 

 

                                    Authorizes the School Land Board, by rule, to allow an owner who                                                constructs a pier to construct appurtenances associated with the pier on                                           adjacent public land without obtaining an easement.

 

                                    Requires that the location, dimensions, and description of any                                                         appurtenances associated with the pier be registered with the board.                       

SECTION 2.               Effective Date.

 

EFFECTIVE DATE

 

Effective date is September 1, 2005 or immediately if approved by two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The language in the introduced version under Section 1, subsection (a-1) is changed in verbage but not substance in the substitute under subsection (b).

 

Subsection (b) in the introduced version is relabeled Subsection (c) in the committee substitute.