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A BILL TO BE ENTITLED
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AN ACT
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relating to the closure of certain man-made passes between the Gulf |
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of Mexico and inland bays by the commissioner of the General Land |
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Office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 33, Natural Resources |
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Code, is amended by adding Section 33.613 to read as follows: |
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Sec. 33.613. CLOSURE OF CERTAIN MAN-MADE PASSES. (a) |
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Notwithstanding Sections 66.204 and 81.103, Parks and Wildlife |
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Code, the commissioner may close a man-made pass between the Gulf of |
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Mexico and an inland bay if: |
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(1) the commissioner determines that the pass causes |
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or contributes to significant erosion of the shoreline of the |
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adjacent beach; |
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(2) the pass is not a public navigational channel |
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constructed or maintained by the federal government; and |
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(3) the land office receives legislative |
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appropriations or other funding for that purpose. |
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(b) If the closing of a man-made pass under this section |
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results in a loss of public recreational opportunities, the |
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commissioner shall develop, in consultation with the Parks and |
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Wildlife Department and the county and, if applicable, the |
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municipality in which the pass is located, and approve a plan to |
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mitigate the loss. The plan must be presented to the public for |
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comment before the commissioner approves it. |
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SECTION 2. This Act takes effect September 1, 2009. |