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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 a state agency may issue an |
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opinion that a watercourse is 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. OPINION OF NAVIGABILITY; NOTICE AND MEETING. |
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(a) Before a state agency, on its own or at the request of another |
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governmental entity, may issue an opinion that a watercourse or a |
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portion of a watercourse is a navigable stream for the purposes of |
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this chapter, Chapter 21, Natural Resources Code, Chapter 138 (S.B. |
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150), Acts of the 41st Legislature, Regular Session, 1929 (Article |
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5414a, Vernon's Texas Civil Statutes), or Chapter 232 (S.B. 269), |
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Acts of the 54th Legislature, Regular Session, 1955 (Article |
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5414a-1, Vernon's Texas Civil Statutes), the agency shall: |
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(1) either: |
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(A) perform or have performed by a licensed state |
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land surveyor a gradient boundary survey of the watercourse or |
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portion of the watercourse at issue; or |
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(B) obtain from the General Land Office a written |
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opinion that a gradient boundary survey is not required in order to |
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issue an opinion as to whether the watercourse or portion of the |
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watercourse at issue is a navigable stream; |
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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 or portion of |
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the watercourse at issue written notice that: |
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(A) provides the name and address of the state |
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agency considering issuing the opinion on its own or the |
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governmental entity seeking the opinion, as applicable; |
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(B) identifies the geographic location of the |
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watercourse or portion of the watercourse at issue and the common |
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name of the watercourse; |
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(C) specifies the date, time, and location of a |
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public meeting to be held with regard to the opinion; and |
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(D) gives any additional information the agency |
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considers necessary; and |
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(3) at the date, time, and location stated in the |
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notice provided under Subdivision (2), hold a public meeting in |
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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 an opinion as to whether the watercourse or |
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portion of the watercourse at issue is a navigable stream; |
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(C) the agency receives evidence, orally or by |
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affidavit, in support of or in opposition to the opinion; and |
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(D) the agency provides information regarding |
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the date and location at which the agency will issue the opinion. |
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(b) The meeting must be held in a publicly accessible |
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location in a county in which the watercourse or portion of the |
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watercourse at issue is located and on a date that allows a |
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reasonable period after the notice of the meeting is provided but |
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not earlier than the 45th day after the date the notice is provided. |
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(c) After the meeting, the agency shall deliver to each |
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party to whom notice of the meeting is required to be given a |
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written opinion as to whether the watercourse or portion of the |
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watercourse at issue is a navigable stream. The opinion may be |
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issued with respect to all or part of the watercourse or portion of |
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the watercourse at issue. |
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(d) An opinion issued by a state agency as to whether a |
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portion of a watercourse is a navigable stream does not affect the |
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authority of that agency or another agency to issue an opinion as to |
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whether another portion of that watercourse is a navigable stream. |
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(e) Any party that is aggrieved by an opinion issued under |
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this section may appeal the opinion by filing a petition with the |
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district court of a county in which the watercourse or portion of |
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the watercourse at issue is located not later than the 60th day |
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after the date the opinion is issued. The hearing in such an appeal |
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before the district court shall be by trial de novo on all issues. A |
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petition filed under this subsection must be served on the state |
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agency that issued the opinion and on the governmental entity that |
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requested the opinion, if applicable. |
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(f) This section does not apply to the reissuance by a state |
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agency of an opinion as to whether a watercourse or portion of a |
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watercourse is a navigable stream that was previously issued by the |
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agency or another state agency, including the General Land Office. |
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SECTION 2. This Act takes effect September 1, 2019. |