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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure by which the Texas Commission on |
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Environmental Quality may designate a watercourse as navigable. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 11, Water Code, is amended |
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by adding Section 11.098 to read as follows: |
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Sec. 11.098. DESIGNATION OF NAVIGABILITY; NOTICE AND |
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HEARING. (a) The commission, on its own or at the request of |
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another governmental entity, may designate a watercourse as a |
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navigable stream for the purposes of this chapter, Chapter 21, |
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Natural Resources Code, Chapter 138 (S.B. 150), Acts of the 41st |
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Legislature, Regular Session, 1929 (Article 5414a, Vernon's Texas |
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Civil Statutes), or Chapter 232 (S.B. 269), Acts of the 54th |
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Legislature, Regular Session, 1955 (Article 5414a-1, Vernon's |
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Texas Civil Statutes). Before designating a watercourse as a |
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navigable stream, the commission shall: |
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(1) perform or have performed by a registered |
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professional land surveyor a gradient boundary survey of the |
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watercourse; |
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(2) provide to each person who owns land abutting or |
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lying along, across, or partly across the watercourse notice that: |
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(A) provides the name and address of the |
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governmental entity seeking the designation; |
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(B) identifies the geographic location and |
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common name of the watercourse; |
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(C) specifies the time and location where a |
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public hearing with regard to the designation will be held; and |
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(D) gives any additional information the |
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commission considers necessary; and |
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(3) at the time and location stated in the notice |
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provided under Subdivision (2), hold a hearing in which: |
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(A) any person may appear in person or by |
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attorney or enter an appearance in writing; |
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(B) any person who appears may present objection |
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to or support for the designation; and |
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(C) the commission may receive evidence, orally |
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or by affidavit, in support of or in opposition to the designation. |
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(b) After the hearing, the commission shall make a written |
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decision granting or denying the designation of the watercourse as |
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a navigable stream. The designation may be granted or denied in |
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whole or in part. |
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SECTION 2. This Act takes effect September 1, 2015. |