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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of the law regarding the authority to |
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construct or maintain a facility or structure on state land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.302, Natural Resources Code, is |
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amended by amending Subsection (a) and adding Subsection (h) to |
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read as follows: |
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(a) No person may construct or maintain any [structure or] |
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facility or structure on land owned by the state, nor may any person |
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who has not acquired a proper easement, lease, permit, or other |
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instrument from the state as required by this chapter or Chapter 33 |
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and who owns or possesses a facility or structure that is now |
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located on or across state land continue in possession of the land |
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unless the person [he] obtains from the commissioner or the board an |
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easement, lease, permit, or other instrument required by this |
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chapter or Chapter 33 for the land on which the facility or |
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structure is to be constructed or is located. |
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(h) In this section, "facility or structure" means any |
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structure, work, fixture, or improvement constructed on, affixed |
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to, or worked on land owned by the state, including coastal public |
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land as defined by Section 33.004, including fixed or floating |
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piers, wharves, docks, jetties, groins, breakwaters, fences, |
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posts, retaining walls, levees, ramps, cabins, houses, shelters, |
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landfills, excavations, roads, houseboats, weirs, bulkheads, |
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mooring or anchoring areas or structures, pilings, permanently |
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moored barges, utility transmission lines, pipelines, and |
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equipment for the exploration for or production, storage, or |
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processing of oil, gas, or other minerals. |
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SECTION 2. Section 51.3021, Natural Resources Code, is |
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amended by adding Subsection (l) to read as follows: |
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(l) In this section, "facility or structure" has the meaning |
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assigned by Section 51.302. |
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SECTION 3. This Act takes effect September 1, 2019. |