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A BILL TO BE ENTITLED
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AN ACT
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relating to the approval of beach access and use plans by the |
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commissioner of the General Land Office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.015, Natural Resources Code, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) Local governments shall submit proposed beach access |
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and use plans to the commissioner for certification as to |
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compliance with such policies and rules. The commissioner shall |
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act on a local government's proposed beach access and use plan |
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within 90 days of submission by [either] approving the plan, |
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partially approving the plan under Section 61.0151, or denying |
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certification. |
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(b-1) In the event of denial or partial approval under |
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Section 61.0151, the commissioner shall send the proposed plan or |
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unapproved portions back to the originating local government with a |
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statement of specific objections and the reasons for denial, along |
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with suggested modifications. On receipt, the local government |
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shall revise and resubmit the plan or unapproved portions. The |
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commissioner's certification of local government plans shall be by |
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adoption into the rules under Section 61.011. |
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SECTION 2. Subchapter B, Chapter 61, Natural Resources |
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Code, is amended by adding Section 61.0151 to read as follows: |
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Sec. 61.0151. PARTIAL APPROVAL OF BEACH ACCESS AND USE |
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PLANS. (a) This section applies only to: |
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(1) a county having a population of more than 350,000 |
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and less than 370,000 that borders the Gulf of Mexico and is |
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adjacent to a county having a population of 4.5 million or more; and |
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(2) a local government located wholly or partly in a |
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county described by Subdivision (1). |
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(b) The commissioner may partially approve a local |
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government's proposed beach access and use plan submitted under |
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Section 61.015. If the commissioner partially approves the |
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proposed beach access and use plan, the local government may submit |
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to the commissioner subsequent amendments only for the portions of |
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the beach access and use plan that are partially approved. |
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(c) Amendments submitted under this section must be |
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certified consistent with: |
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(1) Section 61.011 and rules adopted under that |
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section; and |
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(2) Chapter 63. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |