| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the funding and planning of activities undertaken under |
|
|
the Coastal Erosion Planning and Response Act; imposing a fee. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 33.603(f), Natural Resources Code, is |
|
|
amended to read as follows: |
|
|
(f) Notwithstanding Subsections (c) and (e), each biennium |
|
|
the commissioner may undertake at least one erosion response |
|
|
project without requiring a qualified project partner to pay a |
|
|
portion of the shared project cost. The [if the] total cost of the |
|
|
projects undertaken that do not have a cost share requirement may |
|
|
[does] not exceed one-third [one-half] of the total amount |
|
|
appropriated to the land office for coastal erosion planning and |
|
|
response, except that if any of the projects that do not have a cost |
|
|
share requirement are undertaken in response to erosion associated |
|
|
with a federally declared disaster: |
|
|
(1) the total cost of the projects undertaken that do |
|
|
not have a cost share requirement and that are not undertaken in |
|
|
response to erosion associated with a federally declared disaster |
|
|
may not exceed one-third of the total amount appropriated to the |
|
|
land office for coastal erosion planning and response; and |
|
|
(2) the total cost of all of the projects undertaken |
|
|
that do not have a cost share requirement, whether or not undertaken |
|
|
in response to erosion associated with a federally declared |
|
|
disaster, may not exceed one-half of the total amount appropriated |
|
|
to the land office for coastal erosion planning and response. |
|
|
SECTION 2. Sections 33.604(a) and (b), Natural Resources |
|
|
Code, are amended to read as follows: |
|
|
(a) The coastal erosion response account is an account in |
|
|
the general revenue fund that may be appropriated only to the |
|
|
commissioner and used only for the purpose of implementing this |
|
|
subchapter [and administration of the coastal management program as
|
|
|
provided in Subchapter F]. |
|
|
(b) The account consists of: |
|
|
(1) all money appropriated for the purposes of this |
|
|
subchapter; |
|
|
(2) grants to this state from the United States for the |
|
|
purposes of this subchapter; |
|
|
(3) all money received by this state from the sale of |
|
|
dredged material; [and] |
|
|
(4) penalties or costs collected under Section 61.0184 |
|
|
or 63.1814; and |
|
|
(5) fees deposited to the credit of the account in |
|
|
accordance with Section 33.614. |
|
|
SECTION 3. Section 33.605, Natural Resources Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (c) to |
|
|
read as follows: |
|
|
(a) Money in the account may be used for[:
|
|
|
[(1)] any action authorized by this subchapter[; and
|
|
|
[(2)
the administration of the coastal management
|
|
|
program as provided in Subchapter F]. |
|
|
(c) Notwithstanding Subsection (a), fees deposited to the |
|
|
credit of the account in accordance with Section 33.614 may be used |
|
|
only for erosion response projects that directly affect commercial |
|
|
vessels that dock at ports operated by port authorities or |
|
|
navigation districts in this state. |
|
|
SECTION 4. Section 33.608, Natural Resources Code, is |
|
|
amended to read as follows: |
|
|
Sec. 33.608. REPORT TO LEGISLATURE. (a) Each biennium, the |
|
|
commissioner shall submit to the legislature a report listing: |
|
|
(1) each critical erosion area; |
|
|
(2) each proposed erosion response study or project; |
|
|
(3) an estimate of the cost of each proposed study or |
|
|
project described by Subdivision (2); |
|
|
(4) each coastal erosion response study or project |
|
|
funded under this subchapter during the preceding biennium; |
|
|
(5) the economic and natural resource benefits from |
|
|
each coastal erosion response study or project described by |
|
|
Subdivision (4); |
|
|
(6) the financial status of the account; and |
|
|
(7) an estimate of the cost of implementing this |
|
|
subchapter during the succeeding biennium. |
|
|
(b) The report must include a plan for coastal erosion |
|
|
response studies and projects that may be funded, wholly or partly, |
|
|
from money in the account and may be undertaken during the next 10 |
|
|
or more years. |
|
|
SECTION 5. Subchapter H, Chapter 33, Natural Resources |
|
|
Code, is amended by adding Sections 33.614 and 33.615 to read as |
|
|
follows: |
|
|
Sec. 33.614. COMMERCIAL VESSEL DOCKING FEE. (a) Each port |
|
|
authority or navigation district shall impose a fee of $2 for each |
|
|
foot of vessel length on each owner or operator of a commercial |
|
|
vessel with a draft of at least 18 feet each time the vessel docks at |
|
|
the port operated by the port authority or navigation district. |
|
|
(b) A port authority or navigation district that collects a |
|
|
fee under Subsection (a) shall remit the amount of the fee to the |
|
|
comptroller. |
|
|
(c) A port authority or navigation district that makes a |
|
|
timely payment to the comptroller of the amount of a fee collected |
|
|
under Subsection (a) is entitled to retain an amount equal to one |
|
|
percent of the amount of the fee collected to cover the port |
|
|
authority's or navigation district's administrative expenses. |
|
|
(d) The comptroller shall deposit the amount of the fees |
|
|
collected to the credit of the account as provided by Section |
|
|
33.604. |
|
|
(e) The comptroller shall adopt rules necessary for the |
|
|
administration, collection, reporting, and payment of the fee. |
|
|
Sec. 33.615. DEDICATION OF OUTER CONTINENTAL SHELF LANDS |
|
|
ACT REVENUE. One-sixth of the revenue received by this state under |
|
|
Section 8(g), Outer Continental Shelf Lands Act (43 U.S.C. Section |
|
|
1337(g)), being one-half of that portion of the revenue credited to |
|
|
the general revenue fund and not otherwise deposited to the credit |
|
|
of the permanent school fund pursuant to the Agreed Judgment in |
|
|
Cause No. 395,483 in the 299th Judicial District Court of Travis |
|
|
County on file in the Travis County District Clerk's records at |
|
|
Volume 1396, Page 479, may be appropriated only to the commissioner |
|
|
for the purpose of implementing this subchapter. |
|
|
SECTION 6. Section 162.502(c), Tax Code, is amended to read |
|
|
as follows: |
|
|
(c) Of the money [Money] deposited to the credit of the |
|
|
general revenue fund under Subsection (b)(2): |
|
|
(1) 33-1/3 percent may be appropriated only to the |
|
|
commissioner of the General Land Office for the purpose of |
|
|
implementing Subchapter H, Chapter 33, Natural Resources Code; and |
|
|
(2) 66-2/3 percent may be appropriated only to the |
|
|
Parks and Wildlife Department for any lawful purpose. |
|
|
SECTION 7. Section 33.614, Natural Resources Code, as added |
|
|
by this Act, applies only to a vessel that docks at a port on or |
|
|
after the effective date of this Act. |
|
|
SECTION 8. This Act takes effect September 1, 2011. |