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AN ACT
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relating to access to and protection of certain coastal areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.001, Natural Resources Code, is |
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amended by adding Subdivision (7-a) to read as follows: |
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(7-a) "Meteorological event" means atmospheric |
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conditions or phenomena resulting in avulsion, erosion, accretion, |
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or other impacts to the shoreline that alter the location of the |
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line of vegetation. |
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SECTION 2. Section 61.011(d), Natural Resources Code, is |
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amended to read as follows: |
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(d) The commissioner shall promulgate rules, consistent |
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with the policies established in this section, on the following |
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matters only: |
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(1) acquisition by local governments or other |
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appropriate entities or public dedication of access ways sufficient |
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to provide adequate public ingress and egress to and from the beach |
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within the area described in Subdivision (6); |
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(2) protection of the public easement from erosion or |
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reduction caused by development or other activities on adjacent |
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land and beach cleanup and maintenance; |
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(3) local government prohibitions of vehicular |
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traffic on public beaches, provision of off-beach parking, the use |
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on a public beach of a golf cart, as defined by Section 502.001, |
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Transportation Code, for the transportation of a person with a |
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physical disability, and other minimum measures needed to mitigate |
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for any adverse effect on public access and dune areas; |
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(4) imposition of beach access, user, or parking fees |
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and reasonable exercises of the police power by local governments |
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with respect to public beaches; |
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(5) contents and certification of beach access and use |
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plans and standards for local government review of construction on |
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land adjacent to and landward of public beaches, including |
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procedures for expedited review of beach access and use plans under |
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Section 61.015; |
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(6) construction on land adjacent to and landward of |
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public beaches and lying in the area either up to the first public |
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road generally parallel to the beach or to any closer public road |
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not parallel to the beach, or to within 1,000 feet of mean high |
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tide, whichever is greater, that affects or may affect public |
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access to and use of public beaches; |
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(7) the temporary suspension under Section 61.0185 of |
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enforcement of the prohibition against encroachments on and |
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interferences with the public beach easement and the ability of a |
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property owner to make repairs to a house while a suspension is in |
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effect; |
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(8) the determination of the line of vegetation or |
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natural line of vegetation; |
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(9) the factors to be considered in determining |
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whether a structure, improvement, obstruction, barrier, or hazard |
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on the public beach: |
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(A) constitutes an imminent hazard to safety, |
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health, or public welfare; or |
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(B) substantially interferes with the free and |
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unrestricted right of the public to enter or leave the public beach |
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or traverse any part of the public beach; [and] |
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(10) the procedures for determining whether a |
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structure is not insurable property for purposes of Section |
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2210.004, Insurance Code, because of the factors listed in |
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Subsection (h) of that section; and |
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(11) the temporary suspension under Section 61.0171 of |
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the determination of the "line of vegetation" or the "natural line |
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of vegetation." |
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SECTION 3. Section 61.016, Natural Resources Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) The "line of vegetation" is dynamic and may move |
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landward or seaward due to the forces of erosion or natural |
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accretion. For the purposes of determining the public beach |
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easement, if the "line of vegetation" is obliterated due to a |
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meteorological event, the landward boundary of the area subject to |
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the public easement shall be the line established by order under |
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Section 61.0171(a) or as determined by the commissioner under |
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Section 61.0171(f). |
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SECTION 4. Section 61.017(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) The "line of vegetation" is not affected by the |
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occasional sprigs of salt grass on mounds and dunes or seaward from |
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them or [and] by artificial fill, the addition or removal of turf, |
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beach nourishment projects or artificial placement of dredged or |
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fill material, whether conducted by public or private entities, or |
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[by] other artificial changes in the natural vegetation of the |
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area. |
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SECTION 5. Subchapter B, Chapter 61, Natural Resources |
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Code, is amended by adding Section 61.0171 to read as follows: |
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Sec. 61.0171. TEMPORARY SUSPENSION OF LINE OF VEGETATION |
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DETERMINATION. (a) The commissioner may, by order, suspend action |
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on conducting a line of vegetation determination for a period of up |
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to three years from the date the order is issued if the commissioner |
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determines that the line of vegetation was obliterated as a result |
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of a meteorological event. For the duration of the order, the |
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public beach shall extend to a line 200 feet inland from the line of |
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mean low tide as established by a licensed state land surveyor. |
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(b) An order issued under this section shall be: |
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(1) posted on the land office's Internet website; |
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(2) published by the land office as a miscellaneous |
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document in the Texas Register; and |
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(3) filed for record by the land office in the real |
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property records of the county in which the area of beach subject to |
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the order is located. |
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(c) Issuance of an order under this section is purely within |
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the discretion of the commissioner. This section does not create: |
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(1) a duty on the part of the commissioner to issue an |
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order related to the line of vegetation; or |
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(2) a private cause of action for: |
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(A) issuance of an order under this section; or |
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(B) failure to issue an order under this section. |
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(d) Chapter 2007, Government Code, does not apply to an |
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order issued under this section. |
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(e) If the commissioner issues an order under this section, |
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a limitations period established by statute, under common law, or |
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in equity that may be asserted or claimed in any action under this |
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chapter is suspended and does not run against this state, the |
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public, or private land owners for the period the order is in |
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effect. |
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(f) Following the expiration of an order issued under this |
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section, the commissioner shall make a determination regarding the |
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line of vegetation in accordance with Sections 61.016 and 61.017 |
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and taking into consideration the effect of the meteorological |
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event on the location of the public beach easement. |
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(g) The commissioner may consult with the Bureau of Economic |
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Geology of The University of Texas at Austin or a licensed state |
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land surveyor and consider other relevant factors when making a |
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determination under Subsection (f) regarding the annual erosion |
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rate for the area of beach subject to the order issued under this |
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section. |
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(h) The line of vegetation, as determined by the |
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commissioner under Subsection (f), shall constitute the landward |
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boundary of the area subject to public easement until the line of |
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vegetation moves landward due to a subsequent meteorological event, |
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erosion, or public use, or until a final court adjudication |
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establishes the line in another place. |
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SECTION 6. Section 61.0185(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) The commissioner by order may suspend for a period of |
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three [two] years from the date the order is issued the submission |
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of a request that the attorney general file a suit under Section |
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61.018(a) to obtain a temporary or permanent court order or |
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injunction, either prohibitory or mandatory, to remove a house from |
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a public beach if the commissioner determines that: |
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(1) the line of vegetation establishing the boundary |
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of the public beach has moved as a result of a meteorological event; |
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(2) the house was located landward of the natural line |
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of vegetation before the meteorological event; and |
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(3) the house does not present an imminent threat to |
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public health and safety. |
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SECTION 7. The legislature finds that: |
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(1) the Galveston-Houston region and the region's |
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economic and strategic infrastructure are at risk due to exposure |
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to potential catastrophic storm surge; |
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(2) to protect the Galveston-Houston region's five |
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million residents and the region's economic and strategic |
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infrastructure, various federal, state, and local entities, led by |
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Texas A&M University at Galveston, are studying and developing |
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conceptual designs for a coastal barrier to protect the region from |
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hurricane-induced storm surge; |
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(3) as currently envisioned, a project referred to as |
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the "Ike Dike" would extend the protection afforded by the |
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Galveston Seawall along the rest of Galveston Island and along the |
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Bolivar Peninsula by creating a 17-foot-high revetment (sand |
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covered dune with hardened cores) near the beach or by raising |
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coastal highways; |
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(4) the addition of floodgates at Bolivar Roads, at |
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the entrance to the Houston, Texas City, and Galveston Ship |
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Channels, and at San Luis Pass would complete a coastal spine that |
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would provide a barrier against all gulf surges into Galveston Bay; |
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(5) a research team is being led by Texas A&M |
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University at Galveston through its Center for Texas Beaches and |
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Shores using strong partnerships with the U.S. Department of |
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Homeland Security Coastal Hazards Center of Excellence at Jackson |
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State University, the Netherlands' Delft University of Technology's |
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Department of Hydraulic Engineering, and the University of Houston |
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C. T. Bauer College of Business's Institute for Regional |
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Forecasting; |
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(6) the General Land Office is a sponsor of and |
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nonfederal partner for a United States Army Corps of Engineers |
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study of the upper Texas coast to develop a list of specific |
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recommended projects that may become eligible for federal |
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appropriations; |
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(7) the United States Army Corps of Engineers study, |
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which encompasses Brazoria, Galveston, Harris, Chambers, |
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Jefferson, and Orange Counties, includes the coastal barrier/"Ike |
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Dike" concept; and |
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(8) as a result of the studies and recommendations |
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described by this section, the legislature may need to enact or |
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amend state law to accommodate the building of a coastal barrier to |
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protect the region from hurricane-induced storm surge. |
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SECTION 8. (a) The legislature shall establish a joint |
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interim committee to conduct a study of: |
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(1) the effectiveness of the implementation of the |
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changes in law made by this Act to Chapter 61, Natural Resources |
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Code; and |
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(2) the feasibility and desirability of: |
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(A) creating and maintaining a coastal barrier |
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system in this state that includes a series of gates and barriers to |
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prevent storm surge damage to gulf beaches or coastal ports, |
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industry, or property; and |
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(B) authorizing coastal property owners to grant |
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easements to governmental entities to construct and maintain |
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stabilized dunes in connection with or separately from the system. |
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(b) The committee is composed of: |
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(1) the members of the standing committee of the |
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senate that has primary jurisdiction over natural resources; |
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(2) the members of the standing committee of the house |
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of representatives that has primary jurisdiction over land and |
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resource management; |
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(3) two members of the senate appointed by the |
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lieutenant governor, each of whom represents a district in a county |
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that borders the Gulf of Mexico; and |
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(4) two members of the house of representatives |
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appointed by the speaker of the house of representatives, each of |
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whom represents a district in a county that borders the Gulf of |
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Mexico. |
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(c) The lieutenant governor and the speaker of the house of |
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representatives shall jointly designate a chair or, alternatively, |
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designate two co-chairs from among the committee membership. |
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(d) The committee may adopt rules necessary to carry out the |
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committee's duties under this section. |
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(e) Not later than December 1, 2014, the committee shall |
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report to the governor and the legislature the findings of the study |
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and any recommendations developed by the committee under this |
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section. |
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SECTION 9. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3459 was passed by the House on May 7, |
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2013, by the following vote: Yeas 91, Nays 42, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3459 on May 22, 2013, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3459 on May 26, 2013, by the following vote: Yeas 120, |
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Nays 27, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3459 was passed by the Senate, with |
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amendments, on May 21, 2013, by the following vote: Yeas 25, Nays |
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5; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3459 on May 26, 2013, by the following vote: Yeas 26, Nays 5. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |