H.B. No. 2073
 
 
 
 
AN ACT
  relating to plans by local governments in coastal areas for
  reducing public expenditures for erosion and storm damage losses to
  public and private property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.605(b), Natural Resources Code, is
  amended to read as follows:
         (b)  The commissioner must approve an expenditure from the
  account.  In determining whether to approve an expenditure for a
  study or project, the commissioner shall consider:
               (1)  the amount of money in the account;
               (2)  the feasibility and cost-effectiveness of the
  study or project;
               (3)  the locations of other existing or proposed
  erosion response projects;
               (4)  the needs in other critical coastal erosion areas;
               (5)  the effect of the study or project on public or
  private property; and
               (6)  if the site to be studied or project to be
  conducted will be located within the jurisdiction of a local
  government subject to Chapter 61 or 63:
                     (A)  whether the local government is adequately
  administering those chapters; and
                     (B)  the plan for reducing public expenditures for
  erosion and storm damage losses prepared [building set-back line
  established] by the local government under Section 33.607.
         SECTION 2.  Sections 33.607(e), (f), and (g), Natural
  Resources Code, are amended to read as follows:
         (e)  A local government subject to Chapter 61 or 63 shall
  [may] use historical erosion data and the coastal erosion response
  plan published by the commissioner under Section 33.602 to prepare
  a local plan for reducing public expenditures for erosion and storm
  damage losses to public and private property, including public
  beaches. A plan prepared under this subsection may include [, by
  establishing and implementing] a building set-back line that will
  accommodate a shoreline retreat.  The local government shall hold a
  public educational meeting on the plan before proposing to
  implement it through the plans, orders, or ordinances provided by
  Chapters 61 and 63.
         (f)  A local plan for reducing public expenditures for
  erosion and storm damage losses to public and private property
  prepared under Subsection (e) [that includes the establishment and
  implementation of a building set-back line under this section] may:
               (1)  preserve and enhance the public's right of access
  to and use of the public beach;
               (2)  preserve critical sand dunes for natural storm
  protection and conservation purposes;
               (3)  establish a building set-back line no further
  landward than the dune protection line established by the local
  government under Chapter 63;
               (4)  provide for the prohibition of new construction
  seaward of the building set-back line; and
               (5)  provide for the acquisition of fee title to or a
  lesser interest in property seaward of the building set-back line.
         (g)  The commissioner may adopt rules for the preparation 
  [establishment] and implementation by a local government of a local
  plan for reducing public expenditures for erosion and storm damage
  losses to public and private property under Subsection (e)
  [building set-back line under this section].
         SECTION 3.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2073 was passed by the House on April
  8, 2009, by the following vote:  Yeas 147, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2073 was passed by the Senate on April
  30, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor