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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the General Land Office to undertake |
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coastal erosion studies and projects in conjunction with qualified |
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project partners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 33.603(b), (d), (f), and (h), Natural |
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Resources Code, are amended to read as follows: |
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(b) The studies and projects shall address: |
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(1) assessment of the feasibility, cost, and financing |
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of different methods of avoiding, slowing, or remedying coastal |
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erosion; |
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(2) beneficial placement of dredged material where |
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appropriate to replenish eroded public beach, bay shore, marsh, and |
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dune areas; |
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(3) public beach, bay shore, and marsh nourishment or |
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restoration projects using sediments other than material from |
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navigational or other dredging projects; |
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(4) guidelines on grain size and toxicity level; |
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(5) the economic, natural resource, and other benefits |
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of coastal erosion projects; |
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(6) the protection, revegetation, and restoration of |
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dunes; |
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(7) the planting of vegetation as a means of |
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inhibiting bay shore erosion and projects developing and |
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cultivating disease-resistant vegetation adapted to local |
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conditions; |
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(8) the construction or retrofitting of dams, jetties, |
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groins, and other impoundment structures, provided that the |
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structures include sediment bypassing systems; |
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(9) estimating the quantity and quality of sediment |
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trapped by reservoirs, navigation channels, and placement areas and |
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identification of other sediment sources; |
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(10) the use of hard or soft structures on bay |
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shorelines as a method of avoiding, slowing, or remedying erosion; |
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(11) storm damage mitigation, post-storm damage |
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assessment, and debris removal; |
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(12) [, and] removal and relocation of structures from |
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public beaches, including the purchase of property located on a |
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public beach; |
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(13) the acquisition by eminent domain of property |
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necessary for the construction, reconstruction, maintenance, |
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widening, or extension of an erosion response project under this |
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subchapter; |
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(14) [(12)] structural shoreline protection projects |
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that use innovative technologies designed or engineered to minimize |
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beach scour; and |
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(15) [(13)] other studies or projects the |
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commissioner considers necessary or appropriate to implement this |
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subchapter. |
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(d) Except as provided by Subsections (b)(8) and (14) |
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[(12)], this chapter does not authorize the construction or funding |
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of a hard structure on or landward of a public beach. |
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(f) Notwithstanding Subsections (c) and (e), each biennium |
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the commissioner may undertake at least one erosion response |
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[large-scale beach nourishment] project [on a public beach] without |
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requiring a qualified project partner to pay a portion of the shared |
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project cost if the total cost of the projects that do not have a |
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cost share requirement [project] does not exceed one-half |
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[one-third] of the total amount appropriated to the land office for |
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coastal erosion planning and response. |
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(h) Notwithstanding Subsection (e), the commissioner may |
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determine the percentage of the shared project cost a qualified |
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project partner must pay for a project undertaken pursuant to |
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Subsection (b)(11), (12), or (13) [for removal of debris or
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structures, or relocation of structures from the public beach;
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provided, however, that no money in the account may be used for a
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project undertaken pursuant to Subsection (b)(11) to purchase real
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property or reimburse a property owner for the purchase of real
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property]. |
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SECTION 2. This Act takes effect September 1, 2009. |