85R18744 JXC-F
 
  By: Phelan H.B. No. 3749
 
  Substitute the following for H.B. No. 3749:
 
  By:  Herrero C.S.H.B. No. 3749
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the applicability of the law regarding the authority to
  construct or maintain a facility or structure on state land.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.302, Natural Resources Code, is
  amended by amending Subsection (a) and adding Subsection (h) to
  read as follows:
         (a)  No person may construct or maintain any [structure or]
  facility or structure on land owned by the state, nor may any person
  who has not acquired a proper easement, lease, permit, or other
  instrument from the state as required by this chapter or Chapter 33
  and who owns or possesses a facility or structure that is now
  located on or across state land continue in possession of the land
  unless the person [he] obtains from the commissioner or the board an
  easement, lease, permit, or other instrument required by this
  chapter or Chapter 33 for the land on which the facility or
  structure is to be constructed or is located.
         (h)  In this section, "facility or structure" means any
  structure, work, fixture, or improvement constructed on, affixed
  to, or worked on land owned by the state, including coastal public
  land as defined by Section 33.004, including fixed or floating
  piers, wharves, docks, jetties, groins, breakwaters, fences,
  posts, retaining walls, levees, ramps, cabins, houses, shelters,
  landfills, excavations, roads, houseboats, weirs, bulkheads,
  mooring or anchoring areas or structures, pilings, permanently
  moored barges, utility transmission lines, pipelines, and
  equipment for the exploration for or production, storage, or
  processing of oil, gas, or other minerals.
         SECTION 2.  Section 51.3021, Natural Resources Code, is
  amended by adding Subsection (l) to read as follows:
         (l)  In this section, "facility or structure" has the meaning
  assigned by Section 51.302.
         SECTION 3.  This Act takes effect September 1, 2017.