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A BILL TO BE ENTITLED
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AN ACT
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relating to the closure or modification of certain man-made passes |
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between the Gulf of Mexico and inland bays by the commissioner of |
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the General Land 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 OR MODIFICATION OF CERTAIN MAN-MADE |
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PASSES. (a) Notwithstanding Sections 66.204 and 81.103, Parks and |
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Wildlife Code, the commissioner may undertake the closure or |
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modification of a man-made pass or its environs 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. In developing the plan, the commissioner is |
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strongly encouraged to assess the feasibility of installing fishing |
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piers, boat ramps, and other facilities that provide public |
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recreational opportunities. The plan must be presented to the |
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public for comment before the commissioner approves it. |
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SECTION 2. Not later than January 1, 2011, the commissioner |
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of the General Land Office shall submit to the 82nd Legislature a |
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report on the progress of the commissioner in implementing any |
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mitigation plan approved under Subsection (b), Section 33.613, |
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Natural Resources Code, as added by this Act. |
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SECTION 3. This Act does not make an appropriation. This |
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Act takes effect only if a specific appropriation for the |
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implementation of the Act is provided in a general appropriations |
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act of the 81st Legislature. |
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SECTION 4. This Act takes effect September 1, 2009. |