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A BILL TO BE ENTITLED
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AN ACT
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relating to the management of coastal public land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 33.002, 33.012, 33.063, and 33.102, |
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Natural Resources Code, are amended to read as follows: |
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Sec. 33.002. PURPOSE. The purpose of this chapter is to |
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implement the policies stated in Section 33.001 [of this code] by |
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delegating to the board, assisted by the appropriate [planning
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division and other] staff of the land office, certain |
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responsibilities and duties with respect to the management of the |
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surface estate in coastal public land. |
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Sec. 33.012. LAND OFFICE TO ASSIST BOARD. The appropriate |
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[planning division and other] staff of the land office shall assist |
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the board in the discharge of its responsibilities and duties under |
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this chapter. |
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Sec. 33.063. FEES. The board may prescribe reasonable |
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filing fees and fees for granting leases, easements, [and] permits, |
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and other interests in or rights to use coastal public land. |
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Sec. 33.102. CONTENTS OF APPLICATION. The application to |
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acquire rights in coastal public land shall include any information |
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the board considers necessary to process the application, including |
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information necessary to evaluate the purpose for which the land is |
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to be used [:
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[(1) an adequate legal description of the land in
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which the rights are sought;
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[(2)a statement of the rights sought;
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[(3) a statement of the purpose or purposes for which
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the land is to be used;
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[(4) a description of the nature and extent of the
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improvements, if any, which will be made on the land;
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[(5) an estimate of the time within which any
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improvements to be made will be completed; and
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[(6) any additional information the board considers
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necessary, including, in the case of any application for approval
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of construction, modification, repair, or removal of a structure, a
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description of all plans for any filling, dumping, dredging, or
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excavating to be done]. |
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SECTION 2. Section 33.103(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) The board may grant the following interests in coastal |
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public land for the indicated purposes: |
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(1) leases for public purposes; |
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(2) easements for purposes connected with: |
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(A) ownership of littoral property; or |
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(B) the operation of a facility operated by an |
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existing channel and dock corporation that was issued articles of |
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incorporation under Chapters 13 and 14, Title 32, Revised Statutes; |
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(3) permits authorizing limited continued use of |
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previously unauthorized structures on coastal public land not |
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connected with ownership of littoral property; [and] |
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(4) channel easements to the holder of any surface or |
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mineral interest in coastal public land for purposes necessary or |
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appropriate to the use of the interests; and |
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(5) subject to Section 33.001(g), any other interest |
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in coastal public land for any purpose if the board determines that |
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the grant is in the best interest of the state. |
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SECTION 3. Sections 33.104 and 33.105, Natural Resources |
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Code, are amended to read as follows: |
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Sec. 33.104. DETERMINATION OF TERMS OF GRANT; CONSUMMATION |
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OF TRANSACTION [PROCESSING APPLICATION]. [(a) On receiving an
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application, the board may circulate it for review and comment to
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the member agencies of the Interagency Natural Resources Council or
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its successor.
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[(b) The board shall determine whether the proposed
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application should be granted not less than 30 days nor more than 90
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days after the application is received.
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[(c)] If the board approves the application [is granted], the |
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board shall determine the terms [reasonable term], conditions, and |
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consideration for the grant of an interest in or right to use |
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coastal public land and may consummate the transaction. |
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Sec. 33.105. PERSONS TO WHOM INTEREST IN LAND MAY BE GRANTED |
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[LEASED]. The board may grant to any person an interest in [lease] |
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coastal public land if the board determines that the grant is in the |
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best interest of the state [to:
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[(1) the Parks and Wildlife Department or to any
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eligible city or county for public recreational purposes;
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[(2) the Parks and Wildlife Department for management
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of estuarine preserves;
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[(3) any nonprofit, tax-exempt environmental
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organization approved by the board for the purpose of managing a
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wildlife refuge; and
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[(4) any scientific or educational organization or
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institution for conducting scientific research]. |
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SECTION 4. Section 33.605(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) Money in the account may be used for any action |
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authorized by this subchapter[, except for a restoration project
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authorized by Section 33.613]. |
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SECTION 5. Sections 33.014, 33.110(b), and 33.613, Natural |
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Resources Code, are repealed. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |