By: Williams  S.B. No. 2043
         (In the Senate - Filed March 12, 2009; March 31, 2009, read
  first time and referred to Committee on International Relations and
  Trade; April 14, 2009, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 0;
  April 14, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2043 By:  Williams
 
 
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.  In developing the plan, the commissioner is
  strongly encouraged to assess the feasibility of installing fishing
  piers, boat ramps, and other facilities that provide public
  recreational opportunities.  The plan must be presented to the
  public for comment before the commissioner approves it.
         SECTION 2.  Not later than January 1, 2011, the commissioner
  of the General Land Office shall submit to the 82nd Legislature a
  report on the progress of the commissioner in implementing any
  mitigation plan approved under Subsection (b), Section 33.613,
  Natural Resources Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2009.
 
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