81R18303 TRH-F
 
  By: Bonnen, et al. H.B. No. 3986
 
  Substitute the following for H.B. No. 3986:
 
  By:  Orr C.S.H.B. No. 3986
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the closure of certain man-made passes between the Gulf
  of Mexico and inland bays by the commissioner of the General Land
  Office.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 33, Natural Resources
  Code, is amended by adding Section 33.613 to read as follows:
         Sec. 33.613.  CLOSURE OF CERTAIN MAN-MADE PASSES. (a)  
  Notwithstanding Sections 66.204 and 81.103, Parks and Wildlife
  Code, the commissioner may close a man-made pass between the Gulf of
  Mexico and an inland bay if:
               (1)  the commissioner determines that the pass causes
  or contributes to significant erosion of the shoreline of the
  adjacent beach;
               (2)  the pass is not a public navigational channel
  constructed or maintained by the federal government; and
               (3)  the land office receives legislative
  appropriations or other funding for that purpose.
         (b)  If the closing of a man-made pass under this section
  results in a loss of public recreational opportunities, the
  commissioner shall develop, in consultation with the Parks and
  Wildlife Department and the county and, if applicable, the
  municipality in which the pass is located, and approve a plan to
  mitigate the loss.  The plan must be presented to the public for
  comment before the commissioner approves it.
         SECTION 2.  This Act takes effect September 1, 2009.