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A BILL TO BE ENTITLED
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AN ACT
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relating to plans by local governments in coastal areas for |
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reducing public expenditures for erosion and storm damage losses to |
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public and private property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.605(b), Natural Resources Code, is |
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amended to read as follows: |
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(b) The commissioner must approve an expenditure from the |
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account. In determining whether to approve an expenditure for a |
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study or project, the commissioner shall consider: |
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(1) the amount of money in the account; |
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(2) the feasibility and cost-effectiveness of the |
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study or project; |
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(3) the locations of other existing or proposed |
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erosion response projects; |
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(4) the needs in other critical coastal erosion areas; |
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(5) the effect of the study or project on public or |
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private property; and |
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(6) if the site to be studied or project to be |
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conducted will be located within the jurisdiction of a local |
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government subject to Chapter 61 or 63: |
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(A) whether the local government is adequately |
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administering those chapters; and |
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(B) the plan for reducing public expenditures for |
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erosion and storm damage losses prepared [building set-back line
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established] by the local government under Section 33.607. |
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SECTION 2. Sections 33.607(e), (f), and (g), Natural |
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Resources Code, are amended to read as follows: |
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(e) A local government subject to Chapter 61 or 63 shall |
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[may] use historical erosion data and the coastal erosion response |
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plan published by the commissioner under Section 33.602 to prepare |
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a local plan for reducing public expenditures for erosion and storm |
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damage losses to public and private property, including public |
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beaches. A plan prepared under this subsection may include [, by
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establishing and implementing] a building set-back line that will |
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accommodate a shoreline retreat. The local government shall hold a |
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public educational meeting on the plan before proposing to |
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implement it through the plans, orders, or ordinances provided by |
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Chapters 61 and 63. |
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(f) A local plan for reducing public expenditures for |
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erosion and storm damage losses to public and private property |
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prepared under Subsection (e) [that includes the establishment and
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implementation of a building set-back line under this section] may: |
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(1) preserve and enhance the public's right of access |
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to and use of the public beach; |
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(2) preserve critical sand dunes for natural storm |
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protection and conservation purposes; |
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(3) establish a building set-back line no further |
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landward than the dune protection line established by the local |
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government under Chapter 63; |
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(4) provide for the prohibition of new construction |
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seaward of the building set-back line; and |
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(5) provide for the acquisition of fee title to or a |
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lesser interest in property seaward of the building set-back line. |
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(g) The commissioner may adopt rules for the preparation |
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[establishment] and implementation by a local government of a local |
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plan for reducing public expenditures for erosion and storm damage |
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losses to public and private property under Subsection (e) |
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[building set-back line under this section]. |
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SECTION 3. This Act takes effect September 1, 2009. |