89(R) HB 2246 - Introduced version



	By: Cain	H.B. No. 2246

A BILL TO BE ENTITLED

AN ACT

relating to the terminology used in statute to refer to the

partially landlocked body of water on the southeastern periphery of

the North American continent.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. GULF OF AMERICA STATUTORY LANGUAGE INITIATIVE

SECTION 1.01. Subtitle D, Title 4, Government Code, is

amended by adding Chapter 452 to read as follows:

CHAPTER 452. GULF OF AMERICA STATUTORY LANGUAGE INITIATIVE

Sec. 452.001. FINDINGS AND INTENT. The legislature finds

that language used in reference to the partially landlocked body of

water on the southeastern periphery of the North American

continent, commonly referred to as the "Gulf of Mexico" is

inaccurate and outdated. It is the intent of the legislature to

establish preferred terminology for new and revised laws by

requiring the use of language that accurately describes this region

of the North American continent.

Sec. 452.002. USE OF GULF OF AMERICA STATUTORY LANGUAGE

REQUIRED. (a) The legislature and the Texas Legislative Council

are directed to avoid using the term "Gulf of Mexico" in any new

statute or resolution as sections including as sections including

that term are otherwise amended by law.

(b) In enacting or revising statutes or resolutions, the

legislature and the Texas Legislative Council are directed to

replace, as appropriate, the term "Gulf of Mexico" with the term

"Gulf of America."

SECTION 1.02. Chapter 325, Government Code, is amended by

adding Sections 325.0128 and 325.0129 to read as follows:

Sec. 325.0128. REVIEW OF AGENCIES FOR USE OF GULF OF AMERICA

STATUTORY LANGUAGE. (a) As part of its review of a state agency,

the commission shall consider and make recommendations regarding

the statutory and regulatory revisions necessary to use the phrase

"Gulf of America" instead of "Gulf of Mexico."

(b) As part of its review of an agency, the commission shall

consider and recommend, as appropriate, statutory revisions in

accordance with the Gulf of America statutory language initiative

under Chapter 452.

Sec. 325.0129. GULF OF AMERICA STATUTORY LANGUAGE

PROMOTION. The executive commissioner of each state agency or

commission shall ensure that the agency or commission use the term

listed as preferred under the Gulf of America statutory language

initiative in Chapter 452 when proposing, adopting, or amending the

commission's or agency's rules, reference materials, publications,

and electronic media.

ARTICLE 2. AGRICULTURE CODE PROVISIONS

SECTION 2.01. Section 47.051(2), Agriculture Code, is

amended to read as follows:

(2) "Coastal waters" means all the salt water of the

state, including the portion of the Gulf of America [~~Gulf of Mexico~~]

that is within the jurisdiction of the state.

ARTICLE 3. ALCOHOLIC BEVERAGE CODE PROVISIONS

SECTION 3.01. Section 251.742(b), Alcoholic Beverage Code,

is amended to read as follows:

(b) This section applies only to a municipality that:

(1) has a population of 15,000 or more; and

(2) is located in two counties one of which:

(A) has a population of 340,000 or more;

(B) contains a municipality in which at least 85

percent of the county's population resides; and

ARTICLE 4. CIVIL PRACTICE AND REMEDIES CODE PROVISIONS

SECTION 4.01. Section 15.0181(a)(5), Civil Practice and

Remedies Code, is amended to read as follows:

(5) "Inland waters" means the navigable waters

shoreward of the navigational demarcation lines dividing the high

seas from harbors, rivers, the Gulf Intracoastal Waterway, and

other inland waters of Texas, Louisiana, Mississippi, Alabama,

Arkansas, Tennessee, Missouri, Illinois, Kentucky, or Indiana or of

Florida along the Gulf of America [~~Gulf of Mexico~~] shoreline of

Florida from the Florida-Alabama border down to and including the

shoreline of Key West, Florida. The term does not include the Great

Lakes.

SECTION 4.02. Section 18.033(a), Civil Practice and

Remedies Code, is amended to read as follows:

(a) In a dispute between the State of Texas and an upland

owner of property fronting on the Gulf of America [~~Gulf of Mexico~~]

and the arms of the Gulf of America [~~Gulf of Mexico~~] within the

boundaries of the State of Texas, the maps, surveys, and property

descriptions filed in the General Land Office in connection with

any conveyance by the state or any predecessor government by

patent, deed, lease, or other authorized forms of grant shall be

presumed to accurately depict the boundary between adjacent upland

owners and the state-owned submerged lands.

SECTION 4.03. Section 21.021, Civil Practice and Remedies

Code, is amended to read as follows:

Sec. 21.021. APPLICATION. This subchapter applies to a

county that:

(1) is part of two or more judicial districts, that has

two or more district courts with regular terms, and that is part of

a district in which a county borders on the international boundary

of the United States and the Republic of Mexico;

(2) borders on the international boundary of the

United States and the Republic of Mexico and that is in a judicial

district composed of four counties;

(3) borders on the international boundary of the

United States and the Republic of Mexico and that has three or more

district courts or judicial districts wholly within the county; or

(4) borders on the Gulf of America [~~Gulf of Mexico~~] and

that has four or more district courts or judicial districts of which

two or more courts or districts are wholly within the county.

SECTION 4.04. Section 78.052, Civil Practice and Remedies

Code, is amended to read as follows:

Sec. 78.052. APPLICABILITY OF SUBCHAPTER: MARINE FIRE

EMERGENCY. This subchapter applies only to damages for personal

injury, death, or property damage arising from an error or omission

of:

(1) a nonprofit fire department providing services to

respond to marine fire emergencies under contract to a governmental

unit, if the error or omission occurs in responding to a marine fire

emergency:

(A) on the navigable waters of this state;

(B) in any place into which a vessel enters or

from which a vessel departs the waterway leading to that place from

the Gulf of America [~~Gulf of Mexico~~] or the Gulf Intracoastal

Waterway;

governmental unit; or

(D) at the request of the governmental unit in

the interest of public safety; or

(2) a fire fighter providing services described by

Subdivision (1).

ARTICLE 5. VERNON'S CIVIL STATUTES PROVISIONS

SECTION 5.01. Section 1, Chapter 311 (H.B. 558), Acts of the

55th Legislature, Regular Session, 1955 (Article 5421b-1, Vernon's

Texas Civil Statutes), is amended to read as follows:

Sec. 1. All or any part of the Public Lands belonging to the

State situated in and under the bed of Caddo Lake and the

tributaries thereto and all or any part of such lands adjacent

thereto shall be subject to lease for mineral development by the

Commissioner of the General Land Office to any person, firm or

corporation in accordance with the provisions of existing or future

laws pertaining to the leasing and development of all islands,

salt-water lakes, bays, inlets, marshes and reefs, owned by the

State within tidewater limits, and that portion of the Gulf of

America [~~Gulf of Mexico~~] within the jurisdiction of Texas, and all

unsold public free school land, both surveyed and unsurveyed, in so

far as same are not in conflict herewith.

SECTION 5.02. Section 1, Chapter 10 (H.B. 134), Acts of the

47th Legislature, Regular Session, 1941 (Article 5421c-4, Vernon's

Texas Civil Statutes), is amended to read as follows:

Sec. 1. The School Land Board, created by House Bill No. 9

of the Forty-sixth Legislature (being Title: Public Lands, Chapter

3, of the General Laws of the Forty-sixth Legislature, 1939,) is

hereby authorized to grant and issue easements or surface leases to

the United States of America in accordance with the conditions

hereinafter set out, on any island, salt water lake, bay, inlet, or

marsh within tidewater limits, and that portion of the Gulf of

America [~~Gulf of Mexico~~] within the jurisdiction of the State of

Texas, to be used exclusively for any purpose essential to the

National Defense.

SECTION 5.03. Section 1, Chapter 287 (S.B. 454), Acts of the

47th Legislature, Regular Session, 1941 (Article 5366a, Vernon's

Texas Civil Statutes), is amended to read as follows:

Sec. 1. In each case in which an oil and gas mineral lease

has heretofore been granted or may hereafter be granted by the State

of Texas on an area covered by the coastal waters of the State or

within the Gulf of America [~~Gulf of Mexico~~] and in which the War

Department of the United State refuses to grant a permit to the

lessee or owner of such lease to drill a well thereon for oil, gas or

other minerals (the area included in such lease being within the

navigable waters of the United States) and in the event the primary

term of such lease should expire during the period of time in which

the War Department of the United States may continue to refuse to

issue such permit, then and in such event the primary term of such

lease is hereby extended for successive periods of one (1) year from

and after the end of the original primary term of such lease while

and so long as the War Department may continue such refusal to issue

to the lessee or to the owner of such lease a permit to drill for

oil, gas or other minerals, on the area covered thereby; provided,

that in order to make such extensions effectual the lessee or the

owner of such lease shall, during each of the annual periods during

which the primary term of the lease is so extended, apply to and

seek to obtain from the War Department a permit to drill a well for

oil, gas or other minerals on the area covered by such lease and be

unsuccessful in its attempts to obtain a permit, or, if successful

in obtaining a permit, commence operations for drilling a well upon

the leased premises within sixty (60) days after obtaining such

permit; and provided further that the lessee or the owner of such

lease continues to pay the annual renewal rentals at the rate

provided for in such lease for the period of time involved in such

extensions. Should such lease be so extended and should the War

Department at any time while such lease is still in force and effect

issue a permit to the lessee or to the owner of such lease to drill a

well thereon for oil, gas or other minerals, such lease shall

continue in force and effect if the lessee commences drilling

operations upon the leased premises within sixty (60) days after

obtaining such permit, and so long as the lessee or the owner of

such lease shall continue to conduct drilling or mining operations

thereon, or if oil, gas or other mineral be discovered thereon by

the lessee or the owner of such lease, so long as oil, gas or other

mineral is produced from such leased premises. Should the

production of oil, gas or other mineral on said leased premises

after once secured, cease from any cause, such lease shall not

terminate if the lessee or owner of such lease commences additional

drilling, reworking or mining operations within thirty (30) days

thereafter or if it be within the original primary term of such

lease, commences or resumes the payment or tender of rental on or

before the rental paying date, if any, next ensuing; but if there be

no rental paying date next ensuing, the lease shall in no event

terminate prior to the expiration of the primary term.

SECTION 5.04. Section 1, Chapter 314 (S.B. 326), Acts of the

56th Legislature, Regular Session, 1959 (Article 5337-2, Vernon's

Texas Civil Statutes), is amended to read as follows:

Sec. 1. The Commissioner of the General Land Office is

hereby authorized and empowered, acting for and on behalf of the

State of Texas, to execute any and all grants of easements in, on,

and across all unsold Public Free School Lands, and in, on, and

across all islands, salt water lakes, bays, inlets, marshes, and

reefs owned by the state within the tidewater limits, and in, on,

and across that portion of the Gulf of America [~~Gulf of Mexico~~]

within the jurisdiction of Texas, to Nueces County Water Control

and Improvement District Number 4 for right-of-ways for pipe lines

and for the installation of all works, facilities, and appliances,

in any and all manners incident to, helpful or necessary for

securing, storing, processing, treating, transporting, and selling

an adequate supply of fresh water; provided, however, said Nueces

County Water Control and Improvement District Number 4 shall pay

the sum of Ten Dollars ($10.00) as consideration for the granting of

each easement.

ARTICLE 6. EDUCATION CODE PROVISIONS

SECTION 6.01. Section 155.001(2), Education Code, is

amended to read as follows:

(2) "Commission" means the regional planning

commission, council of governments, or similar regional planning

agency created under Chapter 391, Local Government Code, whose

membership includes the most populous county that borders on the

Gulf of America [~~Gulf of Mexico~~] or on a bay or inlet of the Gulf of

America [~~Gulf of Mexico~~].

SECTION 6.02. Section 155.003(c), Education Code, is

amended to read as follows:

coordinate, and share information with a governmental entity or

postsecondary educational institution in another state that

borders the Gulf of America [~~Gulf of Mexico~~].

ARTICLE 7. FAMILY CODE PROVISIONS

SECTION 7.01. Section 107.106(a), Family Code, is amended

to read as follows:

(a) This section applies only to a county:

(1) with a population of less than 500,000;

(2) that is contiguous to the Gulf of America [~~Gulf of~~

~~Mexico~~] or a bay or inlet opening into the gulf and that borders the

United Mexican States; or

(3) that borders a county described by Subdivision

(2).

ARTICLE 8. GOVERNMENT CODE PROVISIONS

SECTION 8.01. Section 490I,0110(b), Government Code, is

amended to read as follows:

(b) The broadband development office board of advisors is

composed of 10 members, appointed as follows:

(1) two members appointed by the governor, including:

(A) one member to represent the Texas Economic

Development and Tourism Office; and

(B) one member of the public with experience in

telecommunications or broadband service;

(2) three members appointed by the lieutenant

governor, including:

(A) one member who resides in an urban area;

(B) one member to represent the public primary

and secondary education community; and

(i) is adjacent to an international border;

(ii) is located not more than 150 miles from

the Gulf of America [~~Gulf of Mexico~~]; and

(iii) has a population of more than 60,000;

(3) three members appointed by the speaker of the

house of representatives, including:

(A) one member who resides in a rural area;

(B) one member to represent the health and

telemedicine industry; and

education community;

(4) the comptroller or the comptroller's designee; and

(5) one nonvoting member appointed by the broadband

development office to represent the office.

SECTION 8.02. Section 1431.015(b), Government Code, is

amended to read as follows:

(b) Notwithstanding any other provision of this chapter or a

rating requirement prescribed by Chapter 1371, an issuer located

within 70 miles of the Gulf of America [~~Gulf of Mexico~~] or of a bay

or inlet of the gulf may authorize the issuance of an anticipation

note or other obligation in the event of an emergency. An

anticipation note or other obligation issued under this section is

an obligation under Chapter 1371, but is not required to be rated as

required by that chapter.

SECTION 8.03. Section 1475.051, Government Code, is amended

to read as follows:

Sec. 1475.051. APPLICABILITY OF SUBCHAPTER. This

subchapter applies only to a county adjacent to the Gulf of America

[~~Gulf of Mexico~~].

SECTION 8.04. Section 1478.001, Government Code, is amended

to read as follows:

Sec. 1478.001. APPLICABILITY OF CHAPTER. This chapter

applies only to a county that:

(1) is located on the Gulf of America [~~Gulf of Mexico~~];

and

(2) has within its boundaries an island susceptible to

development for recreational purposes for the use and benefit of

the residents of the county.

SECTION 8.05. Section 1502.057(c), Government Code, is

amended to read as follows:

utility system located in a county contiguous to the Gulf of America

[~~Gulf of Mexico~~] and bordering the United Mexican States may impose

and collect the charges authorized under this section for services

provided by the utility system.

SECTION 8.06. Section 1502.070(a), Government Code, is

amended to read as follows:

(a) Management and control of a utility system may be vested

in:

(1) the municipality's governing body; or

(2) a board of trustees named in the proceedings

adopted by the municipality and consisting of not more than:

(A) five members, one of whom must be the mayor of

the municipality;

(B) seven members, one of whom must be the mayor

of the municipality, if the municipality is located in a county

that:

(i) contains a municipality with a

population of at least 500,000; and

(ii) is located on an international border;

of the municipality, if the municipality is located in a county:

(i) with a population of at least 375,000;

(ii) that is located on an international

border; and

(iii) that borders the Gulf of America

[~~Gulf of Mexico~~].

SECTION 8.07. The heading to Subchapter A, Chapter 1505,

Government Code, is amended to read as follows:

SUBCHAPTER A. BONDS FOR HARBOR IMPROVEMENTS IN MUNICIPALITIES

BORDERING GULF OF AMERICA [~~GULF OF MEXICO~~]

SECTION 8.08. Section 1505.001, Government Code, is amended

to read as follows:

Sec. 1505.001. APPLICABILITY OF SUBCHAPTER. This

subchapter applies only to a municipality that borders the Gulf of

America [~~Gulf of Mexico~~].

SECTION 8.09. Section 1505.053, Government Code, is amended

to read as follows:

Sec. 1505.053. AUTHORITY FOR NAVIGATIONAL FACILITIES. A

municipality may:

(1) own, purchase, construct, operate, improve,

enlarge, repair, or maintain a bridge over or across any stream,

inlet, or arm of the Gulf of America [~~Gulf of Mexico~~] or entrance

canal to the deepwater port of the municipality that connects any of

the public streets, highways, or thoroughfares of the municipality;

(2) own, purchase, construct, repair, maintain,

operate, or lease:

(A) a wharf, pier, pavilion, or boathouse; or

(B) a dam, dyke, or spillway with a road or bridge

on or over it to create a freshwater supply basin for domestic,

irrigation, and other purposes in the navigation district in which

the municipality is located or in a county adjacent to the

freshwater basin;

(3) acquire, reclaim, reconstruct, or fill in any

submerged land along the waterfront of the municipality and

construct, operate, or maintain a water main, gas main, storm

sewer, sanitary sewer, sidewalk, street, or similar improvement in

connection with that land;

(4) construct a seawall, breakwater, or other shore

protection to protect the waterfront of the municipality; and

(5) construct, reconstruct, maintain, operate, or

dredge a channel in connection with a deepwater port in aid of

navigation within the municipality.

SECTION 8.10. Section 1505.102(1), Government Code, is

amended to read as follows:

(1) "Bridge or tunnel" means a bridge over, or a tube,

underpass, or tunnel under, any stream, inlet, or arm of the Gulf of

America [~~Gulf of Mexico~~] or entrance channel to the deepwater port

of a municipality that connects any public streets or thoroughfares

of, in, or to the municipality.

SECTION 8.11. Section 1505.201, Government Code, is amended

to read as follows:

Sec. 1505.201. APPLICABILITY OF SUBCHAPTER. This

subchapter applies only to a municipality that:

(1) has a population of less than 12,000; and

(2) is located on the Gulf of America [~~Gulf of Mexico~~]

or a channel, canal, bay, or inlet connected with that gulf.

SECTION 8.12. Section 1506.101, Government Code, is amended

to read as follows:

Sec. 1506.101. APPLICABILITY OF SUBCHAPTER. This

subchapter applies only to a municipality that:

(1) is located on the Gulf of America [~~Gulf of Mexico~~]

or on a channel, canal, bay, or inlet connected to the Gulf of

America [~~Gulf of Mexico~~]; and

(2) has a population of:

(A) more than 53,000 and less than 84,000; or

(B) more than 115,000 and less than 160,000.

SECTION 8.13. Section 1505.251, Government Code, is amended

to read as follows:

Sec. 1505.251. APPLICABILITY OF SUBCHAPTER. This

subchapter applies only to a general-law municipality that:

(1) has a population of 5,000 or less; and

(2) is located on the Gulf of America [~~Gulf of Mexico~~]

or a channel, canal, bay, or inlet connected with that gulf.

SECTION 8.14. Section 2204.301, Government Code, is amended

to read as follows:

Sec. 2204.301. GRANT TO UNITED STATES. The governor may

grant to the United States in accordance with this subchapter those

portions of the beds and banks of the Pecos and Devils rivers in Val

Verde County and of the Rio Grande in Brewster, Cameron, Hidalgo,

Hudspeth, Jeff Davis, Kinney, Maverick, Presidio, Starr, Terrell,

Val Verde, Webb, and Zapata counties:

(1) for which title is vested in this state; and

(2) that may be necessary or expedient in the

construction and use of the storage and flood control dams and their

resultant reservoirs, diversion works, and appurtenances provided

for in the Treaty Relating to the Utilization of the Waters of the

Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from

Fort Quitman, Texas, to the Gulf of America [~~Gulf of Mexico~~],

concluded by the United States and the United Mexican States on

February 3, 1944.

ARTICLE 9. HEALTH AND SAFETY CODE PROVISIONS

SECTION 9.01. Section 341.03571(b), Health and Safety Code,

is amended to read as follows:

(b) This section applies only to a county, or a municipality

in a county, that:

(1) borders the United Mexican States or is adjacent

to a county that borders the United Mexican States;

(2) has a population of at least 400,000 or has a

population of at least 20,000 and is adjacent to a county that has a

population of at least 400,000; and

(3) is within 200 miles of the Gulf of America [~~Gulf of~~

~~Mexico~~].

SECTION 9.02. Section 361.121(o), Health and Safety Code,

is amended to read as follows:

(o) The commission may not issue a permit under this section

for a land application unit that is located both:

(1) in a county that borders the Gulf of America [~~Gulf~~

~~of Mexico~~]; and

(2) 500 feet or less from any water well or surface

water.

SECTION 9.03. Section 361.122, Health and Safety Code, is

amended to read as follows:

Sec. 361.122. DENIAL OF CERTAIN LANDFILL PERMITS. The

commission may not issue a permit for a Type IV landfill if:

(1) the proposed site is located within 100 feet of a

canal that is used as a public drinking water source or for

irrigation of crops used for human or animal consumption;

(2) the proposed site is located in a county with a

population of more than 225,000 that is located adjacent to the Gulf

of America [~~Gulf of Mexico~~]; and

(3) prior to final consideration of the application by

the commission, the commissioners of the county in which the

facility is located have adopted a resolution recommending denial

of the application.

SECTION 9.04. Sections 365.003(b) and (c), Health and

Safety Code, are amended to read as follows:

(b) In this section, "beach" means an area in which the

public has acquired a right of use or an easement and that borders

on the seaward shore of the Gulf of America [~~Gulf of Mexico~~] or

extends from the line of mean low tide to the line of vegetation

bordering on the Gulf of America [~~Gulf of Mexico~~].

county that has the Gulf of America [~~Gulf of Mexico~~] as one

boundary, but does not apply to a beach located in that park.

SECTION 9.05. Section 366.012(a), Health and Safety Code,

is amended to read as follows:

(a) To assure the effective and efficient administration of

this chapter, the commission shall:

(1) adopt rules governing the installation of on-site

sewage disposal systems, including rules concerning the:

(A) review and approval of on-site sewage

disposal systems; and

(B) temporary waiver of a permit for an emergency

repair; and

(2) adopt rules under this chapter that:

(A) encourage the use of economically feasible

alternative techniques and technologies for on-site sewage

disposal systems that can be used in soils not suitable for

conventional on-site sewage disposal;

(B) address the separation of graywater, as

defined by Section 341.039, in a residence served by an on-site

sewage disposal system;

of an on-site sewage disposal system if the system is used in

conjunction with a graywater system that complies with the rules

adopted under Section 341.039;

(D) require on-site sewage disposal systems,

including risers and covers, installed after September 1, 2012, to

be designed to prevent access to the system by anyone other than:

(i) the owner of the system; or

(ii) a person described by Section

366.071(a) or (b);

(E) for a county with a population of at least

350,000 and not more than 370,000 that is adjacent to the Gulf of

America [~~Gulf of Mexico~~] and adjacent to a county with a population

of at least 3.3 million, allow for the installation of aerobic drip

emitter systems on subdivided or platted properties less than

one-half acre in size serving single-family residences supplied by

a public drinking water system if site-specific planning materials

have been:

(i) submitted by a licensed engineer or

registered sanitarian; and

(ii) approved by the appropriate authorized

agent; and

(F) for a county with a population of more than

40,000 and less than 50,000 that borders the Red River along the

Oklahoma state line and has a major interstate road running through

it, allow for the installation of aerobic drip emitter systems on

subdivided or platted properties less than one-half acre in size,

serving single-family residences supplied by a public drinking

water system if site-specific planning materials have been:

(i) submitted by a licensed engineer or

registered sanitarian; and

(ii) approved by the appropriate authorized

agent.

SECTION 9.06. Section 711.008(d), Health and Safety Code,

is amended to read as follows:

(d) Subsection (a) does not apply to a cemetery established

and operating before September 1, 1995, in a county with a

population of more than 315,000 and less than 351,000 that borders

the Gulf of America [~~Gulf of Mexico~~].

SECTION 9.07. Section 773.1141(a), Health and Safety Code,

is amended to read as follows:

(a) This section applies only to a trauma service area

regional advisory council serving a geographic area that includes:

(1) at least one county located on the international

border of this state; and

(2) at least one county adjacent to the Gulf of America

[~~Gulf of Mexico~~].

SECTION 9.08. Section 775.021(a), Health and Safety Code,

is amended to read as follows:

(a) This section applies only to a district located in whole

or in part in a county that:

(1) borders the Gulf of America [~~Gulf of Mexico~~]; and

(2) has a population of less than 1.5 million.

ARTICLE 10. LOCAL GOVERNMENT CODE PROVISIONS

SECTION 10.01. Section 42.021(c), Local Government Code, is

amended to read as follows:

(1) a population of 2,000 or more; and

(2) territory located:

(A) entirely on a barrier island in the Gulf of

America [~~Gulf of Mexico~~]; and

(B) within 30 miles of an international border.

SECTION 10.02. Section 42.0235(a), Local Government Code,

is amended to read as follows:

(a) Notwithstanding Section 42.021, and except as provided

by Subsection (d), the extraterritorial jurisdiction of a

municipality with a population of more than 175,000 located in a

county that contains an international border and borders the Gulf

of America [~~Gulf of Mexico~~] terminates two miles from the

extraterritorial jurisdiction of a neighboring municipality if

extension of the extraterritorial jurisdiction beyond that limit

would:

(1) completely surround the corporate boundaries or

extraterritorial jurisdiction of the neighboring municipality; and

(2) limit the growth of the neighboring municipality

by precluding the expansion of the neighboring municipality's

extraterritorial jurisdiction.

SECTION 10.03. Section 43.017, Local Government Code, is

amended to read as follows:

Sec. 43.017. PROHIBITION AGAINST ANNEXATION TO SURROUND

MUNICIPALITY IN CERTAIN COUNTIES. A municipality with a population

of more than 175,000 located in a county that contains an

international border and borders the Gulf of America [~~Gulf of~~

~~Mexico~~] may not annex an area that would cause another municipality

to be entirely surrounded by the corporate limits or

extraterritorial jurisdiction of the annexing municipality.

SECTION 10.04. Section 43.0751(n), Local Government Code,

is amended to read as follows:

(n) This subsection applies only to a municipality any

portion of which is located in a county that has a population of not

less than 315,000 and not more than 351,000 and that borders the

Gulf of America [~~Gulf of Mexico~~] and is adjacent to a county with a

population of more than 3.3 million. A municipality may impose

within the boundaries of a district a municipal sales and use tax

authorized by Chapter 321, Tax Code, or a municipal hotel occupancy

tax authorized by Chapter 351, Tax Code, that is imposed in the

municipality if:

(1) the municipality has annexed the district for

limited purposes under this section; or

(2) following two public hearings on the matter, the

municipality and the district enter a written agreement providing

for the imposition of the tax or taxes.

SECTION 10.05. Section 43.082, Local Government Code, is

amended to read as follows:

Sec. 43.082. ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND

OWNED BY NAVIGATION DISTRICT. A municipality with a population of

less than 30,000, that is in a county that borders the Gulf of

America [~~Gulf of Mexico~~] and that is adjacent to a county with a

population of one million or more, and that seeks to annex land

owned by a navigation district operating under Section 59, Article

XVI, Texas Constitution, must have the consent of the district to

annex the land.

SECTION 10.06. Section 43.902(a), Local Government Code, is

amended to read as follows:

(a) Land on an island bordering the Gulf of America [~~Gulf of~~

~~Mexico~~] that is not accessible by a public road or common carrier

ferry facility may not be annexed by a municipality without the

consent of the owners of the land.

SECTION 10.07. Section 85.004(e), Local Government Code, is

amended to read as follows:

(e) The sheriff of a county that borders the Gulf of America

[~~Gulf of Mexico~~] may organize some of the reserve deputies to serve

as marine reserve deputies and lifeguards for beach and water

safety purposes and other related functions as the sheriff may

determine. A reserve deputy performing functions under this

subsection is subject to the laws of this state that relate to

reserve deputies except that they may not carry firearms in the

performance of their duties.

SECTION 10.08. Section 118.026(a), Local Government Code,

is amended to read as follows:

(a) The commissioners court of a county that borders the

United Mexican States and the Gulf of America [~~Gulf of Mexico~~] may

adopt a records technology and infrastructure fee as part of the

county's annual budget. The fee must be set and itemized in the

county's budget as part of the budget preparation process.

SECTION 10.09. Section 152.032(d), Local Government Code,

is amended to read as follows:

(d) The amount of the compensation and allowances of a

county auditor in a county subject to this subsection may be set in

an amount that exceeds the limit established by Subsection (a) if

the compensation and allowances are approved by the commissioners

court of the county. This subsection applies only to:

(1) a county with a population of 120,000 or more,

excluding a county subject to Subsection (b);

(2) a county with a population of more than 1,000 and

less than 23,000 that borders the Gulf of America [~~Gulf of Mexico~~];

(3) a county with a population of more than 11,000 and

less than 11,350; and

(4) a county that:

(A) borders a county with a population of more

than one million; and

(B) has a population of more than 44,500 and less

than 46,500.

SECTION 10.10. Section 233.001(a), Local Government Code,

is amended to read as follows:

(a) If the commissioners court of a county that borders the

Gulf of America [~~Gulf of Mexico~~] and is adjacent to a county with a

population of more than 3.3 million finds that a bulkhead or other

method of shoreline protection, hereafter called "structure," in an

unincorporated area of the county is likely to endanger persons or

property, the commissioners may:

(1) order the owner of the structure, the owner's

agent, or the owner or occupant of the property on which the

structure is located to repair, remove, or demolish the structure

or the part of the structure within a specified time; or

(2) repair, remove, or demolish the structure or the

part of the structure at the expense of the county on behalf of the

owner of the structure or the owner of the property on which the

structure is located and assess the repair, removal, or demolition

expenses on the property on which the structure was located.

SECTION 10.11. Sections 240.901(b) and (d), Local

Government Code, are amended to read as follows:

(b) A county bordering on the Gulf of America [~~Gulf of~~

~~Mexico~~] or on the tidewater limits of the gulf may determine the

boundaries of any flood-prone area of the county. The suitability

of that determination is conclusively established when the

commissioners court of the county adopts a resolution finding that

the area is a flood-prone area.

(d) In this section, "flood-prone area" means an area that

is subject to damage from rising water or flooding from the Gulf of

America [~~Gulf of Mexico~~] or its tidal waters, including lakes,

bays, inlets, and lagoons.

SECTION 10.12. Section 240.902(b), Local Government Code,

is amended to read as follows:

(b) In this section, "public beach" means a beach located on

a bay or inlet of the Gulf of America [~~Gulf of Mexico~~] to which the

general public or a substantial part of the general public has free

access.

SECTION 10.13. Section 240.909(a), Local Government Code,

is amended to read as follows:

(a) This section applies only to a county with a population

of 50,000 or less that borders the Gulf of America [~~Gulf of Mexico~~]

and in which is located at least one state park and one national

wildlife refuge.

SECTION 10.14. Section 240.910(a), Local Government Code,

is amended to read as follows:

(a) This section applies only to a county located on an

international border and adjacent to the Gulf of America [~~Gulf of~~

~~Mexico~~].

SECTION 10.15. Section 253.001(e), Local Government Code,

is amended to read as follows:

(e) Subsection (b) does not apply to a conveyance of park

land that:

(1) is owned by a home-rule municipality with a

population of less than 80,000 and that is located in a county

bordering the Gulf of America [~~Gulf of Mexico~~];

(2) is one acre or less;

(3) is part of a park that is 100 acres or less;

(4) is sold or is conveyed as a sale to the owner of

adjoining property; and

(5) is conveyed pursuant to a resolution or an

ordinance that:

(A) is adopted under this section;

(B) requires the sale to be with an owner of

adjoining property for fair market value as determined by an

independent appraisal obtained by the municipality; and

1995.

SECTION 10.16. Section 254.001, Local Government Code, is

amended to read as follows:

Sec. 254.001. APPLICABILITY OF CHAPTER. This chapter

applies only to a municipality located on a channel, canal, bay,

inlet, or lake connected to the Gulf of America [~~Gulf of Mexico~~].

SECTION 10.17. Section 306.032(a), Local Government Code,

is amended to read as follows:

(a) This section applies only to a home-rule municipality

that has a population of less than 80,000 and borders on the Gulf of

America [~~Gulf of Mexico~~].

SECTION 10.18. Section 307.001, Local Government Code, is

amended to read as follows:

Sec. 307.001. ELIGIBLE MUNICIPALITIES. A municipality that

borders on the Gulf of America [~~Gulf of Mexico~~] and has a population

of 50,000 or more may use and occupy for park purposes gulf

tidelands and adjacent water as provided by this chapter.

SECTION 10.19. Section 307.002(a), Local Government Code,

is amended to read as follows:

(a) The municipality may use and occupy for park purposes

under this chapter:

(1) the tidelands between:

(A) the lines of ordinary high tide and ordinary

low tide of the Gulf of America [~~Gulf of Mexico~~]; and

(B) extensions into the gulf, not more than 1,000

feet apart, of property lines of property that is above and fronting

the tidelands and is owned or acquired by the municipality for park

purposes or in or to which the municipality has or may acquire

easements or other rights or privileges authorizing the

municipality to use or occupy the property for park purposes; and

(2) the waters of the gulf adjacent to those

tidelands, and the gulf bed below those waters, for a distance not

to exceed 2,000 feet from the line of ordinary high tide.

SECTION 10.20. Section 307.021(c), Local Government Code,

is amended to read as follows:

(1) extend into the gulf for a distance of more than

2,000 feet from the line of ordinary high tide;

(2) extend into any part of a channel deepened or

improved for commercial navigation or between the shoreline and any

such channel; or

(3) extend into any arm, inlet, bay, or body of water

other than the main body of the Gulf of America [~~Gulf of Mexico~~].

SECTION 10.21. Sections 307.042(b) and (c), Local

Government Code, are amended to read as follows:

(b) As additional security for the bonds, notes, or

warrants, the municipality may mortgage and encumber all or a

designated part of:

(1) the pier, structures, or improvements;

(2) the furnishings and equipment; or

(3) the interest, easement, or other rights in land

acquired or to be acquired and used in connection with the park

land, including the right of use and occupancy of the park land and

the title or rights to the tidelands, waters, or beds of the Gulf of

America [~~Gulf of Mexico~~] acquired by the municipality.

warrants, the municipality may, by the terms of a mortgage, grant to

the purchaser under sale or foreclosure a franchise to operate the

properties purchased for a period of not more than 99 years after

the purchase. If at the time of the sale or foreclosure there is a

pier, structure, or improvement located in whole or in part on or

over state-owned tideland, water, and bed of the Gulf of America

[~~Gulf of Mexico~~], during that period of 99 years the purchaser and

the purchaser's heirs, successors, and assigns have the same right

of use and occupancy to the state-owned tideland, water, and bed as

is granted to the municipality under this chapter. On termination

of that period or on cessation of use of the property for that

purpose, the right of use and occupancy reverts to the

municipality.

SECTION 10.22. Section 321.001(a), Local Government Code,

is amended to read as follows:

(a) A county that borders on the Gulf of America [~~Gulf of~~

~~Mexico~~] and that has within its boundaries one or more islands or

parts of islands suitable for park purposes may act under this

chapter for the purpose of improving, equipping, maintaining,

financing, and operating one or more parks on those islands.

SECTION 10.23. Section 321.101, Local Government Code, is

amended to read as follows:

Sec. 321.101. APPLICABILITY. Notwithstanding Section

321.001, this subchapter applies only to:

(1) a county described by Section 321.001; and

(2) a county that borders on the Gulf of America [~~Gulf~~

~~of Mexico~~] and has within its boundaries a beach that:

(A) is wholly or partly operated by the county as

a park; or

(B) is otherwise controlled or maintained by the

county.

SECTION 10.24. Section 351.081, Local Government Code, is

amended to read as follows:

Sec. 351.081. ESTABLISHMENT IN POPULOUS COUNTIES. The

commissioners court of a county with a population of more than 3.3

million or a county that borders the Gulf of America [~~Gulf of~~

~~Mexico~~] may establish a department of county park rangers.

SECTION 10.25. Section 351.083, Local Government Code, is

amended to read as follows:

Sec. 351.083. LAW ENFORCEMENT SERVICES IN COUNTY PARKS.

The department shall provide law enforcement services within the

county parks of the county and, in a county that borders the Gulf of

America [~~Gulf of Mexico~~], in the unincorporated areas of the county

that are located on an island or isthmus.

SECTION 10.26. Section 351.084(b), Local Government Code,

is amended to read as follows:

(b) The county park rangers have the same law enforcement

authority that is given by law to deputy sheriffs except that the

law enforcement jurisdiction of rangers is limited to the county

parks of the county and, in a county that borders the Gulf of

America [~~Gulf of Mexico~~], to the unincorporated areas of the county

that are located on an island or isthmus.

SECTION 10.27. Section 375.182, Local Government Code, is

amended to read as follows:

Sec. 375.182. PROHIBITED USE OF FUNDS. Funds may not be

spent, an assessment imposed, or a tax levied under this chapter to

finance the opening, reopening, or maintenance of a pass, canal, or

waterway across a barrier island connecting the Gulf of America

[~~Gulf of Mexico~~] with inland waters.

SECTION 10.28. Section 382.002, Local Government Code, is

amended to read as follows:

Sec. 382.002. APPLICABILITY. This chapter applies only to:

(1) a county with a population of 1.5 million or more,

other than a county that:

(A) borders on the Gulf of America [~~Gulf of~~

~~Mexico~~] or a bay or inlet of the gulf; or

(B) has two municipalities located wholly or

partly in its boundaries each having a population of 225,000 or

more; or

(2) a county with a population of 70,000 or more that

is adjacent to a county described by Subdivision (1) in which a

municipality with a population of 90,000 or more is primarily

situated and includes all or a part of the extraterritorial

jurisdiction of a municipality with a population of 1.1 million or

more.

SECTION 10.29. Section 501.103, Local Government Code, is

amended to read as follows:

Sec. 501.103. CERTAIN INFRASTRUCTURE IMPROVEMENT PROJECTS.

In this subtitle, "project" includes expenditures that are found by

the board of directors to be required or suitable for

infrastructure necessary to promote or develop new or expanded

business enterprises, limited to:

(1) streets and roads, rail spurs, water and sewer

utilities, electric utilities, or gas utilities, drainage, site

improvements, and related improvements;

(2) telecommunications and Internet improvements; or

(3) beach remediation along the Gulf of America [~~Gulf~~

~~of Mexico~~].

SECTION 10.30. Section 501.163(a), Local Government Code,

is amended to read as follows:

(a) This section applies only to a corporation the creation

of which was authorized by a municipality that:

(1) has a population of 10,000 or more;

(2) is located in a county that borders:

(A) the Gulf of America [~~Gulf of Mexico~~] or the

Gulf Intracoastal Waterway; or

(B) the United Mexican States and in which four

municipalities with a population of 70,000 or more are located; and

(3) has, or is included in a metropolitan statistical

area of this state that has, an unemployment rate that averaged at

least two percent above the state average for the most recent two

consecutive years for which statistics are available.

SECTION 10.31. Section 561.007(a), Local Government Code,

is amended to read as follows:

(a) This section applies only to a county that:

(1) has a population of 190,000 or more, is adjacent to

a county with a population of 3.3 million or more, and borders the

Gulf of America [~~Gulf of Mexico~~]; and

(2) operates a road department system under Subchapter

D, Chapter 252, Transportation Code.

SECTION 10.32. Section 561.008(a), Local Government Code,

is amended to read as follows:

(a) The commissioners court of a county that borders the

Gulf of America [~~Gulf of Mexico~~], other than Jefferson, Kenedy,

Kleberg, Nueces, Orange, or Willacy County, may:

(1) construct breakwaters;

(2) issue bonds, time warrants, or certificates of

indebtedness of the county to pay for the construction; and

(3) impose ad valorem taxes to pay the bonds,

warrants, or certificates.

SECTION 10.33. Section 571.001, Local Government Code, is

amended to read as follows:

Sec. 571.001. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county or municipality that borders the Gulf of

America [~~Gulf of Mexico~~].

ARTICLE 11. NATURAL RESOURCES CODE PROVISIONS

SECTION 11.01. Section 11.0111(a), Natural Resources Code,

is amended to read as follows:

(a) The commissioner shall:

(1) have the area between the coastline of the Gulf of

America [~~Gulf of Mexico~~] and the Three Marine League line compiled

and platted; and

(2) locate and set the boundary lines between the

coastal counties from the coastline to the Three Marine League

line.

SECTION 11.02. Sections 11.012(b) and (c), Natural

Resources Code, are amended to read as follows:

(b) The State of Texas has full sovereignty over the water,

the beds and shores, and the arms of the Gulf of America [~~Gulf of~~

~~Mexico~~] within its boundaries as provided in Subsection (a) of this

section, subject only to the right of the United States to regulate

foreign and interstate commerce under Article I, Section 8 of the

United States Constitution, and the power of the United States over

admiralty and maritime jurisdiction under Article III, Section 2 of

the United States Constitution.

of the Gulf of America [~~Gulf of Mexico~~] and the arms of the Gulf of

America [~~Gulf of Mexico~~] within the boundaries provided in this

section, including all land which is covered by the Gulf of America

[~~Gulf of Mexico~~] and the arms of the Gulf of America [~~Gulf of~~

~~Mexico~~] either at low tide or high tide.

SECTION 11.03. Sections 11.013(a) and (c), Natural

Resources Code, are amended to read as follows:

(a) The gulfward boundary of each county located on the

coastline of the Gulf of America [~~Gulf of Mexico~~] is the Three

Marine League line as determined by the United States Supreme

Court.

created and operating under the general laws of the State of Texas

shall not be established or extended by incorporation or annexation

more than 5,280 feet gulfward beyond the coastline. The governing

body of such a city, town, or village may, by ordinance, extend the

municipal boundaries up to 5,280 feet gulfward. Any inclusion of

territory in any such city, town, or village more than 5,280 feet

gulfward beyond the coastline is void. The term "coastline" as used

in this subsection means the line of mean low tide along that

portion of the coast which is in direct contact with the open Gulf

of America [~~Gulf of Mexico~~]. The term "city, town, or village

created and operating under the general laws of the State of Texas"

shall not include any city operating under a home-rule charter.

If any such general-law city, town, or village has heretofore

been established by incorporation or attempted incorporation more

than 5,280 feet gulfward beyond the coastline, the corporate

existence of such general-law city, town, or village is in all

things validated, ratified, approved, and confirmed.

The boundaries of such general-law city, town, or village,

including the gulfward boundaries to the extent of 5,280 feet

gulfward beyond the coastline, are in all things validated,

ratified, approved, and confirmed and shall not be held invalid by

reason of the inclusion of more territory than is expressly

authorized in Article 971, Revised Civil Statutes of Texas, 1925,

as amended, or by reason of the inclusion of territory other than

that which is intended to be used for strictly town or city purposes

as required by Section 7.002, Local Government Code or by reason of

not constituting a city, town, or village.

Neither this Act nor the general laws nor the special laws of

the state shall have the effect of validating, ratifying,

approving, or confirming the inclusion of territory in any such

general-law city, town, or village more than 5,280 feet gulfward

beyond the coastline.

If for any reason it should be determined by any court of

competent jurisdiction that any such general-law city, town, or

village has heretofore been incorporated in violation of the laws

of the state in effect as of the date of such incorporation or is

invalid, the corporate boundaries of any such general-law city,

town, or village shall be revised and reformed to exclude all

territory more than 5,280 feet gulfward of the coastline.

SECTION 11.04. Section 11.041(a), Natural Resources Code,

is amended to read as follows:

(a) In addition to land and minerals granted to the

permanent school fund under the constitution and other laws of this

state, the permanent school fund shall include:

(1) the mineral estate in river beds and channels;

(2) the mineral estate in areas within tidewater

limits, including islands, lakes, bays, and the bed of the sea which

belong to the state; and

(3) the arms and the beds and shores of the Gulf of

America [~~Gulf of Mexico~~] within the boundary of Texas.

SECTION 11.05. Section 32.066(a), Natural Resources Code,

is amended to read as follows:

(a) The board may grant easements of right-of-way on any

land except:

(1) unsold public school land;

(2) the portion of the Gulf of America [~~Gulf of Mexico~~]

within the jurisdiction of the state; and

(3) islands, saltwater lakes, bays, inlets, marshes,

and reefs owned by the state within tidewater limits.

SECTION 11.06. Sections 32.067(a)(2) and (3), Natural

Resources Code, are amended to read as follows:

(2) "Qualifying Gulf of America [~~Gulf of Mexico~~]

property" means land described in Section 52.011(2) that is subject

to a lease issued under Subchapter B, Chapter 52.

(3) "Qualifying Gulf of America [~~Gulf of Mexico~~]

reservoir" means a reservoir that:

(A) during a period established by board rule has

an average daily per well production equal to or less than 50

barrels of oil or barrels of oil equivalent; and

(B) underlies:

(i) a qualifying Gulf of America [~~Gulf of~~

~~Mexico~~] property; or

(ii) a pooled unit that includes a

qualifying Gulf of America [~~Gulf of Mexico~~] property.

SECTION 11.07. Sections 33.004(5) and (11), Natural

Resources Code, are amended to read as follows:

(5) "Coastal area" means the geographic area

comprising all the counties in Texas which have any tidewater

shoreline, including that portion of the bed and water of the Gulf

of America [~~Gulf of Mexico~~] within the jurisdiction of the State of

Texas.

(11) "Submerged land" means any land extending from

the boundary between the land of the state and the littoral owners

seaward to the low-water mark on any saltwater lake, bay, inlet,

estuary, or inland water within the tidewater limits, and any land

lying beneath the body of water, but for the purposes of this

chapter only, shall exclude beaches bordering on and the water of

the open Gulf of America [~~Gulf of Mexico~~] and the land lying beneath

this water.

SECTION 11.08. Sections 33.203(1), (6), (11), (15), and

(18), Natural Resources Code, are amended to read as follows:

(1) "Coastal natural resource areas" means:

(A) coastal barriers;

(B) coastal historic areas;

(D) coastal shore areas;

(E) coastal wetlands;

(F) critical dune areas;

(G) critical erosion areas;

(H) gulf beaches;

(I) hard substrate reefs;

(J) oyster reefs;

(K) submerged land;

(L) special hazard areas;

(M) submerged aquatic vegetation;

(N) tidal sand or mud flats;

(O) water of the open Gulf of America [~~Gulf of~~

~~Mexico~~]; and

(P) water under tidal influence.

(6) "Coastal waters" means waters under tidal

influence and waters of the open Gulf of America [~~Gulf of Mexico~~].

(11) "Gulf beach" means a beach bordering the Gulf of

America [~~Gulf of Mexico~~] that is:

(A) located inland from the mean low tide line to

the natural line of vegetation bordering the seaward shore of the

Gulf of America [~~Gulf of Mexico~~]; or

(B) part of a contiguous beach area to which the

public has a right of use or easement:

(i) continuously held by the public; or

(ii) acquired by the public by

prescription, dedication, or estoppel.

(15) "Submerged land" means land located under waters

under tidal influence or under waters of the open Gulf of America

[~~Gulf of Mexico~~], without regard to whether the land is owned by the

state or a person other than the state.

(18) "Water of the open Gulf of America [~~Gulf of~~

~~Mexico~~]" means water in this state, as defined by Section

26.001(5), Water Code, that is part of the open water of the Gulf of

America [~~Gulf of Mexico~~] and that is within the territorial limits

of the state.

SECTION 11.09. Section 33.233(5), Natural Resources Code,

is amended to read as follows:

(5) "Seawater" means any water containing a

concentration of one-twentieth of one percent or more by weight of

total dissolved inorganic salts derived from the marine water of

the Gulf of America [~~Gulf of Mexico~~].

SECTION 11.10. Section 33.607(b), Natural Resources Code,

is amended to read as follows:

(b) On an ongoing basis, the commissioner, in consultation

with the Bureau of Economic Geology of The University of Texas at

Austin and coastal county and municipal governments, shall monitor

historical erosion rates at each location along the shore of the

Gulf of America [~~Gulf of Mexico~~].

SECTION 11.11. Section 33.613(a), Natural Resources Code,

is amended to read as follows:

(a) Notwithstanding Sections 66.204 and 81.103, Parks and

Wildlife Code, the commissioner may undertake the closure or

modification of a man-made pass or its environs between the Gulf of

America [~~Gulf of Mexico~~] and an inland bay if:

(1) the commissioner determines that the pass causes

or contributes to significant erosion of the shoreline of the

adjacent beach;

(2) the pass is not a public navigational channel

constructed or maintained by the federal government; and

(3) the land office receives legislative

appropriations or other funding for that purpose.

SECTION 11.12. Section 33.651(2), Natural Resources Code,

is amended to read as follows:

(2) "Coastal county" means a county that borders on

the Gulf of America [~~Gulf of Mexico~~].

SECTION 11.13. Section 33.656, Natural Resources Code, is

amended to read as follows:

Sec. 33.656. PROJECTS THAT QUALIFY FOR FUNDING. To qualify

for funding under this subchapter, a project must:

(1) be sponsored by a coastal county;

(2) be located within the sponsoring coastal county

along or adjacent to the shore of the Gulf of America [~~Gulf of~~

~~Mexico~~], an inland bay, or a connecting channel between the Gulf of

America [~~Gulf of Mexico~~] and an inland bay;

(3) be accessible by public roads or a common carrier

ferry;

(4) be identified and approved for funding by a

coastal county and the land office; and

(5) require more than $5 million to complete, as

estimated by the land office, unless the project implements a

building set-back line established under Section 33.607.

SECTION 11.14. Section 40.003(2), Natural Resources Code,

is amended to read as follows:

(2) "Coastal waters" means the waters and bed of the

Gulf of America [~~Gulf of Mexico~~] within the jurisdiction of the

State of Texas, including the arms of the Gulf of America [~~Gulf of~~

~~Mexico~~] subject to tidal influence, and any other waters contiguous

thereto that are navigable by vessels with a capacity to carry

10,000 gallons or more of oil as fuel or cargo.

SECTION 11.15. Section 51.291(a), Natural Resources Code,

is amended to read as follows:

(a) Except as provided by Subsection (b), the commissioner

may execute grants of easements or other interests in property for

rights-of-way or access across, through, and under unsold public

school land, the portion of the Gulf of America [~~Gulf of Mexico~~]

within the jurisdiction of the state, the state-owned riverbeds and

beds of navigable streams in the public domain, and all islands,

saltwater lakes, bays, inlets, marshes, and reefs owned by the

state within tidewater limits for:

(1) telephone, telegraph, electric transmission, and

power lines;

(2) oil pipelines, including pipelines connecting the

onshore storage facilities with the offshore facilities of a

deepwater port, as defined by the federal Deepwater Port Act of 1974

(33 U.S.C.A. Section 1501 et seq.), gas pipelines, sulphur

pipelines, and other electric lines and pipelines of any nature;

(3) irrigation canals, laterals, and water pipelines;

(4) roads; and

(5) any other purpose the commissioner considers to be

in the best interest of the state.

SECTION 11.16. Section 52.011, Natural Resources Code, is

amended to read as follows:

Sec. 52.011. AREA SUBJECT TO LEASE. Under the provisions of

this subchapter, the board may lease to any person for the

production of oil and natural gas:

(1) islands, saltwater lakes, bays, inlets, marshes,

and reefs owned by the state within tidewater limits;

(2) the portion of the Gulf of America [~~Gulf of Mexico~~]

within the jurisdiction of the state;

(3) all unsold surveyed and unsurveyed public school

land; and

(4) all land sold with a reservation of minerals to the

state under Section 51.054 or 51.086 of this code in which the state

has retained leasing rights.

SECTION 11.17. Section 52.297(a), Natural Resources Code,

is amended to read as follows:

(a) Leases issued under Subchapter B of this chapter for

unsold surveyed or unsurveyed school land, other than land included

in islands, saltwater lakes, bays, inlets, marshes, and reefs owned

by the state in tidewater limits and other than that portion of the

Gulf of America [~~Gulf of Mexico~~] within the jurisdiction of the

state, must include a provision requiring the compensation for

damages from the use of the surface in prospecting for, exploring,

developing, or producing the leased minerals.

SECTION 11.18. Section 52.321(4), Natural Resources Code,

is amended to read as follows:

(4) "Areas within tidewater limits" means islands,

saltwater lakes, bays, inlets, marshes, and reefs within tidewater

limits and that portion of the Gulf of America [~~Gulf of Mexico~~]

within the jurisdiction of Texas.

SECTION 11.19. Section 53.011, Natural Resources Code, is

amended to read as follows:

Sec. 53.011. LAND SUBJECT TO PROSPECT. Any tract of land

that belongs to the state, including islands, salt and freshwater

lakes, bays, inlets, marshes, and reefs owned by the state within

tidewater limits, the part of the Gulf of America [~~Gulf of Mexico~~]

within the state's jurisdiction, unsold surveyed public school

land, rivers and channels that belong to the state, and land sold

with a reservation of minerals to the state are subject to prospect

by any person for those minerals which are not subject to lease or

permit under any other statute. A person may not prospect from a

location within 2,500 feet of a military base, but prospectors may,

from a location more than 2,500 feet from a base, look for minerals

within the 2,500-foot strip.

SECTION 11.20. Section 53.151(a), Natural Resources Code,

is amended to read as follows:

(a) Under the provisions of this subchapter, the board may

lease to any person for the production of coal, lignite, sulphur,

salt, and potash:

(1) islands, saltwater lakes, bays, inlets, marshes,

and reefs owned by the state within tidewater limits;

(2) the portion of the Gulf of America [~~Gulf of Mexico~~]

within the jurisdiction of the state;

(3) rivers and channels that belong to the state;

(4) all unsold surveyed and unsurveyed public school

land; and

(5) all land sold with a reservation of minerals to the

state under Section 51.054 or 51.086 of this code in which the state

has retained leasing rights.

SECTION 11.21. Section 53.155(a), Natural Resources Code,

is amended to read as follows:

(a) Leases issued under Subchapter B or E of this chapter

for unsold surveyed or unsurveyed school land, other than land

included in islands, saltwater lakes, bays, inlets, marshes, and

reefs owned by the state in tidewater limits and other than that

portion of the Gulf of America [~~Gulf of Mexico~~] within the

jurisdiction of the state, must include a provision requiring

compensation for damages from the use of the surface in prospecting

for, exploring, developing, or producing the leased minerals.

SECTION 11.22. Section 53.161(7), Natural Resources Code,

is amended to read as follows:

(7) "Areas within tidewater limits" means islands,

saltwater lakes, bays, inlets, marshes, and reefs within tidewater

limits and that portion of the Gulf of America [~~Gulf of Mexico~~]

within the jurisdiction of Texas.

SECTION 11.23. Section 61.001(8), Natural Resources Code,

is amended to read as follows:

(8) "Public beach" means any beach area, whether

publicly or privately owned, extending inland from the line of mean

low tide to the line of vegetation bordering on the Gulf of America

[~~Gulf of Mexico~~] to which the public has acquired the right of use

or easement to or over the area by prescription, dedication,

presumption, or has retained a right by virtue of continuous right

in the public since time immemorial, as recognized in law and

custom. This definition does not include a beach that is not

accessible by a public road or public ferry as provided in Section

61.021 of this code.

SECTION 11.24. Section 61.011(a), Natural Resources Code,

is amended to read as follows:

(a) It is declared and affirmed to be the public policy of

this state that the public, individually and collectively, shall

have the free and unrestricted right of ingress and egress to and

from the state-owned beaches bordering on the seaward shore of the

Gulf of America [~~Gulf of Mexico~~], or if the public has acquired a

right of use or easement to or over an area by prescription,

dedication, or has retained a right by virtue of continuous right in

the public, the public shall have the free and unrestricted right of

ingress and egress to the larger area extending from the line of

mean low tide to the line of vegetation bordering on the Gulf of

America [~~Gulf of Mexico~~].

SECTION 11.25. Section 61.012, Natural Resources Code, is

amended to read as follows:

Sec. 61.012. DEFINITION. In this subchapter, "beach" means

state-owned beaches to which the public has the right of ingress and

egress bordering on the seaward shore of the Gulf of America [~~Gulf~~

~~of Mexico~~] or any larger area extending from the line of mean low

tide to the line of vegetation bordering on the Gulf of America

[~~Gulf of Mexico~~] if the public has acquired a right of use or

easement to or over the area by prescription, dedication, or has

retained a right by virtue of continuous right in the public.

SECTION 11.26. Section 61.013(c), Natural Resources Code,

is amended to read as follows:

any beach bordering on the Gulf of America [~~Gulf of Mexico~~] that

extends inland from the line of mean low tide to the natural line of

vegetation bordering on the seaward shore of the Gulf of America

[~~Gulf of Mexico~~], or such larger contiguous area to which the public

has acquired a right of use or easement to or over by prescription,

dedication, or estoppel, or has retained a right by virtue of

continuous right in the public since time immemorial as recognized

by law or custom. This definition does not include a beach that is

not accessible by a public road or public ferry as provided in

Section 61.021 of this code.

SECTION 11.27. Section 61.014(a), Natural Resources Code,

is amended to read as follows:

(a) As used in this section, "public beach" means the area

extending from the line of mean low tide of the Gulf of America

[~~Gulf of Mexico~~] to the line of vegetation bordering on the Gulf of

America [~~Gulf of Mexico~~], or to a line 200 feet inland from the line

of mean low tide, whichever is nearer the line of mean low tide, if

the public has acquired a right of use or easement to or over the

area by prescription, dedication, or has retained a right by virtue

of continuous right in the public.

SECTION 11.28. Section 61.018(a-1), Natural Resources

Code, is amended to read as follows:

(a-1) A county attorney, district attorney, or criminal

district attorney or the attorney general may not file a suit under

Subsection (a) to obtain a temporary or permanent court order or

injunction, either prohibitory or mandatory, to remove a house from

a public beach if:

(1) the line of vegetation establishing the boundary

of the public beach moved as a result of a meteorological event that

occurred before January 1, 2009;

(2) the house was located landward of the natural line

of vegetation before the meteorological event;

(3) a portion of the house continues to be located

landward of the line of vegetation; and

(4) the house is located on a peninsula in a county

with a population of more than 315,000 and less than 351,000 that

borders the Gulf of America [~~Gulf of Mexico~~].

SECTION 11.29. Section 61.022(a), Natural Resources Code,

is amended to read as follows:

(a) The provisions of this subchapter do not prevent any of

the following governmental entities from erecting or maintaining

any groin, seawall, barrier, pass, channel, jetty, or other

structure as an aid to navigation, protection of the shore,

fishing, safety, or other lawful purpose authorized by the

constitution or laws of this state or the United States:

(1) an agency, department, institution, subdivision,

or instrumentality of the federal government;

(2) an agency, department, institution, or

instrumentality of this state;

(3) a county;

(4) a municipality;

(5) a subdivision of this state, other than a county or

municipality, acting in partnership with the county or municipality

in which the structure is located; or

(6) a subdivision of this state, acting with the

approval of the commissioner, if the structure is a shore

protection structure that:

(A) is designed to protect public

infrastructure, including a state or county highway or bridge;

(B) is located on land that:

(i) is state-owned submerged land or was

acquired for the project by a subdivision of this state; and

(ii) is located in or adjacent to the mouth

of a natural inlet from the Gulf of America [~~Gulf of Mexico~~]; and

shoreline.

SECTION 11.30. Section 61.023, Natural Resources Code, is

amended to read as follows:

Sec. 61.023. EFFECT ON LAND TITLES AND PROPERTY ADJACENT TO

AND ON BEACHES. The provisions of this subchapter shall not be

construed as affecting in any way the title of the owners of land

adjacent to any state-owned beach bordering on the seaward shore of

the Gulf of America [~~Gulf of Mexico~~] or to the continuation of

fences for the retention of livestock across sections of beach

which are not accessible to motor vehicle traffic by public road or

by beach.

SECTION 11.31. Section 61.025(a), Natural Resources Code,

is amended to read as follows:

(a) Except as provided by Subsection (b), a person who sells

or conveys an interest, other than a mineral, leasehold, or

security interest, in real property located seaward of the Gulf

Intracoastal Waterway to its southernmost point and then seaward of

the longitudinal line also known as 97 degrees, 12', 19" which runs

southerly to the international boundary from the intersection of

the centerline of the Gulf Intracoastal Waterway and the

Brownsville Ship Channel must include in any executory contract for

conveyance a statement in substantially the following form:

CONCERNING THE PROPERTY AT ______________________________________

DISCLOSURE NOTICE CONCERNING LEGAL AND ECONOMIC RISKS

OF PURCHASING COASTAL REAL PROPERTY NEAR A BEACH

WARNING: THE FOLLOWING NOTICE OF POTENTIAL RISKS OF

ECONOMIC LOSS TO YOU AS THE PURCHASER OF COASTAL REAL PROPERTY IS

REQUIRED BY STATE LAW.

● READ THIS NOTICE CAREFULLY. DO NOT SIGN THIS CONTRACT

UNTIL YOU FULLY UNDERSTAND THE RISKS YOU ARE ASSUMING.

● BY PURCHASING THIS PROPERTY, YOU MAY BE ASSUMING

ECONOMIC RISKS OVER AND ABOVE THE RISKS INVOLVED IN PURCHASING

INLAND REAL PROPERTY.

● IF YOU OWN A STRUCTURE LOCATED ON COASTAL REAL PROPERTY

NEAR A GULF COAST BEACH, IT MAY COME TO BE LOCATED ON THE PUBLIC

BEACH BECAUSE OF COASTAL EROSION AND STORM EVENTS.

● AS THE OWNER OF A STRUCTURE LOCATED ON THE PUBLIC BEACH,

YOU COULD BE SUED BY THE STATE OF TEXAS AND ORDERED TO REMOVE THE

STRUCTURE.

● THE COSTS OF REMOVING A STRUCTURE FROM THE PUBLIC BEACH

AND ANY OTHER ECONOMIC LOSS INCURRED BECAUSE OF A REMOVAL ORDER

WOULD BE SOLELY YOUR RESPONSIBILITY.

The real property described in this contract is located

seaward of the Gulf Intracoastal Waterway to its southernmost point

and then seaward of the longitudinal line also known as 97 degrees,

12', 19" which runs southerly to the international boundary from

the intersection of the centerline of the Gulf Intracoastal

Waterway and the Brownsville Ship Channel. If the property is in

close proximity to a beach fronting the Gulf of America [~~Gulf of~~

~~Mexico~~], the purchaser is hereby advised that the public has

acquired a right of use or easement to or over the area of any public

beach by prescription, dedication, or presumption, or has retained

a right by virtue of continuous right in the public since time

immemorial, as recognized in law and custom.

The extreme seaward boundary of natural vegetation that

spreads continuously inland customarily marks the landward

boundary of the public easement. If there is no clearly marked

natural vegetation line, the landward boundary of the easement is

as provided by Sections 61.016 and 61.017, Natural Resources Code.

Much of the Gulf of America [~~Gulf of Mexico~~] coastline is

eroding at rates of more than five feet per year. Erosion rates for

all Texas Gulf property subject to the open beaches act are

available from the Texas General Land Office.

State law prohibits any obstruction, barrier, restraint, or

interference with the use of the public easement, including the

placement of structures seaward of the landward boundary of the

easement. OWNERS OF STRUCTURES ERECTED SEAWARD OF THE VEGETATION

LINE (OR OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD

OF THE VEGETATION LINE AS A RESULT OF PROCESSES SUCH AS SHORELINE

EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE THE

STRUCTURES.

The purchaser is hereby notified that the purchaser should:

(1) determine the rate of shoreline erosion in the

vicinity of the real property; and

(2) seek the advice of an attorney or other qualified

person before executing this contract or instrument of conveyance

as to the relevance of these statutes and facts to the value of the

property the purchaser is hereby purchasing or contracting to

purchase.

SECTION 11.32. Section 61.062, Natural Resources Code, is

amended to read as follows:

Sec. 61.062. PUBLIC POLICY. It is the public policy of this

state that the public, individually and collectively, shall have

the free and unrestricted right of ingress and egress to and from

the state-owned beaches bordering on the seaward shore of the Gulf

of America [~~Gulf of Mexico~~] if the public has acquired a right of

use or easement to or over the area by prescription, dedication, or

continuous use. This creates a responsibility for the state, in its

position as trustee for the public to assist local governments in

the cleaning of beach areas which are subject to the access rights

of the public as defined in Subchapter B of this chapter.

SECTION 11.33. Section 61.064, Natural Resources Code, is

amended to read as follows:

Sec. 61.064. APPLICATION OF SUBCHAPTER. This subchapter

applies to incorporated cities, towns, and villages that are

located or border on the Gulf of America [~~Gulf of Mexico~~] and to all

counties that are located or border on the Gulf of America [~~Gulf of~~

~~Mexico~~] if the city, town, or village or county that makes

application for funds under this subchapter has within its

boundaries public beaches.

SECTION 11.34. Sections 61.065(a) and (c), Natural

Resources Code, are amended to read as follows:

(a) It is the duty and responsibility of the governing body

of any incorporated city, town, or village located or bordering on

the Gulf of America [~~Gulf of Mexico~~] to clean and maintain the

condition of all public beaches within the corporate boundaries.

maintain the condition of public beaches, a municipality shall:

(1) during reasonable daylight hours, as established

and posted by the municipality, from Memorial Day to Labor Day,

provide, or ensure that a park board created by the municipality

under Chapter 306, Local Government Code, provides:

(A) occupied lifeguard towers or mobile

lifeguard units on each side of each pier, jetty, or other structure

that protrudes into the Gulf of America [~~Gulf of Mexico~~] that is

located within the corporate boundaries; or

(B) a single occupied lifeguard tower or mobile

lifeguard unit at each pier, jetty, or other structure that

protrudes into the Gulf of America [~~Gulf of Mexico~~] that is located

within the corporate boundaries if the single tower provides an

unobstructed view of both sides of the structure; and

(2) post within 100 yards of each side of each

structure described by Subdivision (1) signs clearly describing the

dangerous water conditions that may occur near the structure.

SECTION 11.35. Sections 61.066(a), (b), and (e), Natural

Resources Code, are amended to read as follows:

(a) It is the duty and responsibility of the commissioners

court of any county located or bordering on the Gulf of America

[~~Gulf of Mexico~~] to clean and maintain the condition of all public

beaches located inside the county but outside the boundaries of any

incorporated city located or bordering on the Gulf of America [~~Gulf~~

~~of Mexico~~] and all public beaches owned by the county and located

inside the boundaries of an incorporated city, town, or village.

(b) As part of the duty under this section to clean and

maintain the condition of public beaches, a county shall:

(1) during reasonable daylight hours, as established

and posted by the county, from Memorial Day to Labor Day, provide:

(A) occupied lifeguard towers or mobile

lifeguard units on each side of each pier, jetty, or other structure

that protrudes into the Gulf of America [~~Gulf of Mexico~~] that is

located on a public beach described by Subsection (a); or

(B) a single occupied lifeguard tower or mobile

lifeguard unit at each pier, jetty, or other structure that

protrudes into the Gulf of America [~~Gulf of Mexico~~] that is located

on a public beach described by Subsection (a) if the single tower

provides an unobstructed view of both sides of the structure; and

(2) post within 100 yards of each side of each

structure described by Subdivision (1) signs clearly describing the

dangerous water conditions that may occur near the structure.

(e) Subsection (b)(1) does not apply to a county adjacent to

a county with a population of more than 3.3 million that contains a

municipality adjacent to the Gulf of America [~~Gulf of Mexico~~] with a

population of less than 1,000.

SECTION 11.36. Section 61.067(a-2), Natural Resources

Code, is amended to read as follows:

(a-2) As part of the duty under this section to clean and

maintain the condition of public beaches located within state

parks, the department shall:

(1) during reasonable daylight hours, as established

and posted by the department, from Memorial Day to Labor Day,

provide:

(A) occupied lifeguard towers or mobile

lifeguard units on each side of each pier, jetty, or other structure

that protrudes into the Gulf of America [~~Gulf of Mexico~~] that is

located within a state park; or

(B) a single occupied lifeguard tower or mobile

lifeguard unit at each pier, jetty, or other structure that

protrudes into the Gulf of America [~~Gulf of Mexico~~] that is located

within a state park if the single tower provides an unobstructed

view of both sides of the structure; and

(2) post within 100 yards of each side of each

structure described by Subdivision (1) signs clearly describing the

dangerous water conditions that may occur near the structure.

SECTION 11.37. Section 61.078, Natural Resources Code, is

amended to read as follows:

Sec. 61.078. AUTHORITY TO SPEND COUNTY FUNDS. The

commissioners court of any county located or bordering on the Gulf

of America [~~Gulf of Mexico~~] may spend from any available fund the

amount it considers necessary to carry out the responsibilities

provided in this subchapter.

SECTION 11.38. Section 61.080(a), Natural Resources Code,

is amended to read as follows:

(a) The governing body of any incorporated city located or

bordering on the Gulf of America [~~Gulf of Mexico~~] that is not

entitled to receive funds under this subchapter may contract with

the commissioners court of the county in which the city is located

to allow the county to clean the beaches within the corporate limits

of the city.

SECTION 11.39. Section 61.083, Natural Resources Code, is

amended to read as follows:

Sec. 61.083. EXEMPTIONS FROM SUBCHAPTER. None of the

provisions of this subchapter apply to any beach area that does not

border on the Gulf of America [~~Gulf of Mexico~~] or to any island or

peninsula that is not accessible by a public road or common carrier

ferry facility as long as that condition exists.

SECTION 11.40. Section 61.122, Natural Resources Code, is

amended to read as follows:

(a) The commissioners court of a county bordering on the

Gulf of America [~~Gulf of Mexico~~] or its tidewater limits, by order,

may regulate motor vehicle traffic on any beach within the

boundaries of the county, including prohibiting motor vehicle

traffic on any natural or man-made sand dune or other form of

shoreline protection, and may prohibit the littering of the beach

and may define the term "littering."

(b) The commissioners court of a county bordering the Gulf

of America [~~Gulf of Mexico~~] or its tidewaters, by order, may

regulate the possession of animals on the beach within its

boundaries, including but not limited to prohibiting animals to run

at large on said beach.

of America [~~Gulf of Mexico~~] or its tidewaters, by order, may

regulate swimming in passes leading to and from the Gulf of America

[~~Gulf of Mexico~~], located within its boundaries, including but not

limited to prohibiting swimming in said passes and posting signs

notifying persons of such regulation or prohibition.

(d) The commissioners court of a county bordering on the

Gulf of America [~~Gulf of Mexico~~] or its tidewater limits, by order,

may prohibit the use and possession of all glass containers and

products on a beach in the unincorporated area of the county. The

commissioners court shall not prohibit any one or several glass

products to the exclusion of any others.

(e) Regulation under Subsection (a) of this section that

prohibits vehicles from an area of public beach is subject to

Section 61.022 of this code.

SECTION 11.41. Section 61.129(a), Natural Resources Code,

is amended to read as follows:

(a) Except as provided in Section 61.022 of this code, this

subchapter does not limit the power of an incorporated city, town,

or village bordering on the Gulf of America [~~Gulf of Mexico~~] or any

adjacent body of water to regulate motor vehicle traffic and

prohibit littering on any beach within its corporate limits.

SECTION 11.42. Section 61.132(a), Natural Resources Code,

is amended to read as follows:

(a) This section applies only to a county bordering on the

Gulf of America [~~Gulf of Mexico~~] or its tidewater limits that

contains a launch site the construction and operation of which have

been approved in a record of decision issued by the Federal Aviation

Administration following the preparation of an environmental

impact statement by that administration.

SECTION 11.43. Section 61.161, Natural Resources Code, is

amended to read as follows:

Sec. 61.161. PUBLIC POLICY. It is the public policy of this

state that the state-owned beaches bordering on the seaward shore

of the Gulf of America [~~Gulf of Mexico~~], and any larger area

extending from the line of mean low tide to the line of vegetation

bordering on the Gulf of America [~~Gulf of Mexico~~], if the public has

acquired a right of use or easement to or over the area by the

prescription or dedication or has retained a right by virtue of

continuous right in the public, shall be used primarily for

recreational purposes, and any use which substantially interferes

with the enjoyment of the beach area by the public shall constitute

an offense against the public policy of the state. Nothing in this

subchapter prevents any agency, department, political subdivision,

or municipal corporation of this state from exercising its lawful

authority under any law of this state to regulate safety conditions

on any beach area subject to public use.

SECTION 11.44. Section 61.162(a), Natural Resources Code,

is amended to read as follows:

(a) The legislature finds that the operation and

maintenance of business establishments at fixed or permanent

locations on the public beaches of this state bordering on the

seaward shore of the Gulf of America [~~Gulf of Mexico~~] constitute a

potential public health hazard and a substantial interference with

the free and unrestricted rights of ingress and egress of the

public, both individually and collectively, to and from the

state-owned beaches bordering on the seaward shore of the Gulf of

America [~~Gulf of Mexico~~] or any larger area extending from the line

of mean low tide to the line of vegetation bordering on the Gulf of

America [~~Gulf of Mexico~~] if the public has acquired a right of use

or easement to or over the area by prescription, dedication, or has

retained a right by virtue of continuous right in the public.

SECTION 11.45. Section 61.211, Natural Resources Code, is

amended to read as follows:

Sec. 61.211. FINDINGS. The legislature finds that the

unregulated excavation, taking, removal, and carrying away of sand,

marl, gravel, and shell from islands and peninsulas bordering on

the Gulf of America [~~Gulf of Mexico~~] and from the public beaches of

the state constitute a substantial interference with public

enjoyment of Texas beaches and a hazard to life and property.

SECTION 11.46. Section 61.213, Natural Resources Code, is

amended to read as follows:

Sec. 61.213. APPLICATION. Before a person excavates,

takes, removes, or carries away sand, marl, gravel, or shell from

land located on an exposed island or peninsula bordering on the Gulf

of America [~~Gulf of Mexico~~] or from land located within 1,500 feet

of a mainland public beach that is located outside the boundaries of

an incorporated city, town, or village, he must submit a written

application to the commissioners court of the county in which the

excavation, taking, removal, or carrying away is to take place.

SECTION 11.47. Section 61.223, Natural Resources Code, is

amended to read as follows:

Sec. 61.223. SUITS FOR ORDERS AND INJUNCTIONS. The

attorney general, any county attorney, district attorney, or

criminal district attorney of the state shall file in a district

court in the county in which the conduct takes place, a suit seeking

temporary or permanent court orders or injunctions to prohibit any

excavating, taking, removing, or carrying away of any sand, marl,

gravel, or shell from land located on an exposed island or peninsula

bordering on the Gulf of America [~~Gulf of Mexico~~] or from land

located within 1,500 feet of a public beach of this state if the

land is located outside the boundaries of an incorporated city,

town, or village in violation of the provisions of this subchapter.

SECTION 11.48. Section 61.224, Natural Resources Code, is

amended to read as follows:

Sec. 61.224. PENALTY. A person who for himself or on behalf

of or under the direction of another person excavates, takes,

removes, or carries away sand, marl, gravel, or shell from land

located on an exposed island or peninsula bordering on the Gulf of

America [~~Gulf of Mexico~~] or from land located within 1,500 feet of a

public beach of this state, if the land is located outside the

boundaries of any incorporated city, town, or village, in violation

of the provisions of this subchapter shall be fined not less than

$10 nor more than $200. Each day a violation occurs constitutes a

separate offense.

SECTION 11.49. Section 61.252(a), Natural Resources Code,

is amended to read as follows:

(a) To protect the public health, safety, and welfare, the

commissioners court of a county bordering on the Gulf of America

[~~Gulf of Mexico~~] or its tidewater limits, by order, may regulate

mass gatherings of individuals on any beach in the unincorporated

area of the county by requiring a person to obtain a permit and pay a

permit fee set by the commissioners court before the person may hold

a mass gathering.

SECTION 11.50. Sections 62.001(a) and (e), Natural

Resources Code, are amended to read as follows:

(a) The provisions of this chapter apply to counties that

are located or border on the Gulf of America [~~Gulf of Mexico~~] and

have within their boundaries beaches that are suitable for park

purposes. The suitability of a beach for park purposes is

established conclusively when the commissioners court of the county

makes a finding that the beach located within its boundaries, but

not located within the boundaries of an incorporated city, is

suitable for park purposes.

(e) The provisions of this chapter do not permit any

interference with the right the public has under the provisions of

Subchapter B, Chapter 61, to the free and unrestricted use of, and

to ingress and egress to, the area bordering on the Gulf of America

[~~Gulf of Mexico~~] from mean low tide to the line of vegetation, as

that term is defined in Section 61.001. A county, county official,

or anyone acting under the authority of this chapter may not

exercise any authority, contract out a right to exercise authority,

or otherwise delegate authority beyond that specifically granted to

it in Sections 61.122 through 61.128 over that area notwithstanding

any of the specific provisions of this chapter. The rights

established in Subchapters B and D, Chapter 61, are paramount over

the rights or interests that might otherwise be created by the

provisions of this chapter, and nothing in this chapter encroaches

on those rights or upon land, or interests in land, that may

ultimately be held subject to those rights.

SECTION 11.51. Section 62.011, Natural Resources Code, is

amended to read as follows:

Sec. 62.011. PURPOSE AND AUTHORITY. A county located or

bordering on the Gulf of America [~~Gulf of Mexico~~] with a beach

suitable for park purposes may create a board in the manner provided

in this subchapter for the purpose of improving, equipping,

maintaining, financing, and operating a public park or parks, or

any facilities owned by the county, or to be acquired by the county,

or to be managed by the county under the terms of a written

contract. The board, to be designated Beach Park Board of Trustees,

has the powers and duties specified in this chapter.

SECTION 11.52. Section 62.091(a), Natural Resources Code,

is amended to read as follows:

(a) The following land is under the jurisdiction of the

board:

(1) public beaches owned in fee by the county; and

(2) land used as parks in connection with public

beaches not located inside the boundaries of an incorporated city

and not inside the area bordering on the Gulf of America [~~Gulf of~~

~~Mexico~~] from the line of mean low tide to the line of vegetation as

that term is defined in Section 61.001.

SECTION 11.53. Section 63.001, Natural Resources Code, is

amended to read as follows:

Sec. 63.001. FINDINGS OF FACT. The legislature finds and

declares:

(1) that the mainland gulf shoreline, barrier islands,

and peninsulas of this state contain a significant portion of the

state's human, natural, and recreational resources;

(2) that these areas are and historically have been

wholly or in part protected from the action of the water of the Gulf

of America [~~Gulf of Mexico~~] and storms on the Gulf by a system of

vegetated and unvegetated sand dunes that provide a protective

barrier for adjacent land and inland water and land against the

action of sand, wind, and water;

(3) that certain persons have from time to time

modified or destroyed the effectiveness of the protective barriers

and caused environmental damage in the process of developing the

shoreline for various purposes;

(4) that the operation of recreational vehicles and

other activities over these dunes have destroyed the natural

vegetation on them;

(5) that these practices constitute serious threats to

the safety of adjacent properties, to public highways, to the

taxable basis of adjacent property and constitute a real danger to

natural resources and to the health, safety, and welfare of persons

living, visiting, or sojourning in the area;

(6) that it is necessary to protect these dunes as

provided in this chapter because stabilized, vegetated dunes offer

the best natural defense against storms and are areas of

significant biological diversity;

(7) that vegetated stabilized dunes help preserve

state-owned beaches and shores by protecting against erosion of the

shoreline; and

(8) that different areas of the coast are

characterized by dunes of various types and values, all of which

should be afforded protection.

SECTION 11.54. Sections 63.002(2), (3), and (5), Natural

Resources Code, are amended to read as follows:

(2) "Barrier island" means an island bordering on the

Gulf of America [~~Gulf of Mexico~~] and entirely surrounded by water.

(3) "Peninsula" means an arm of land bordering on the

Gulf of America [~~Gulf of Mexico~~] surrounded on three sides by water.

(5) "Mainland shoreline" means all shoreline fronting

on the open Gulf of America [~~Gulf of Mexico~~] that is not located on a

barrier island or a peninsula.

SECTION 11.55. Section 63.011(a), Natural Resources Code,

is amended to read as follows:

(a) After notice and hearing, the commissioners court of

each county that has within its boundaries mainland shoreline, a

barrier island, or a peninsula located on the seaward shore of the

Gulf of America [~~Gulf of Mexico~~] shall establish a dune protection

line on any such shoreline, island, or peninsula within its

boundaries for the purpose of preserving sand dunes.

SECTION 11.56. Section 63.012, Natural Resources Code, is

amended to read as follows:

Sec. 63.012. LOCATION OF DUNE PROTECTION LINE. The dune

protection line shall not be located further landward than a line

drawn parallel to and 1,000 feet landward of the line of mean high

tide of the Gulf of America [~~Gulf of Mexico~~].

SECTION 11.57. Section 92.002(4), Natural Resources Code,

is amended to read as follows:

(4) "Barrier island" means an island bordering on the

Gulf of America [~~Gulf of Mexico~~] and entirely surrounded by water.

ARTICLE 12. OCCUPATIONS CODE PROVISIONS

SECTION 12.01. Section 2025.152, Occupations Code, is

amended to read as follows:

Sec. 2025.152. LOCATION RESTRICTION FOR GREYHOUND

RACETRACK. Each greyhound racetrack must be located in a county

that:

(1) has a population of more than 190,000;

(2) borders the Gulf of America [~~Gulf of Mexico~~]; and

(3) includes all or part of an island that borders the

Gulf of America [~~Gulf of Mexico~~].

ARTICLE 13. PROPERTY CODE PROVISIONS

SECTION 13.01. Section 5.008(b), Property Code, is amended

to read as follows:

(b) The notice must be executed and must, at a minimum, read

substantially similar to the following:

SELLER'S DISCLOSURE NOTICE

CONCERNING THE PROPERTY AT ___________________________________

(Street Address and City)

THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF

THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY

SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR

WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT

A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.

Seller __ is __ is not occupying the Property.

If unoccupied, how long since Seller has occupied the Property?

________________________________________________________________

1. The Property has the items checked below:

Write Yes (Y), No (N), or Unknown (U).

__ Range

__ Oven

__ Microwave

__ Dishwasher

__ Trash Compactor

__ Disposal

__ Washer/Dryer

__ Window

__ Rain Gutters

Hookups

Screens

__ Security

__ Fire Detection

__ Intercom

System

Equipment

System

__ Smoke Detector

__ Smoke Detector -

Hearing Impaired

__ Carbon Monoxide

Alarm

__ Emergency Escape

Ladder(s)

__ TV Antenna

__ Cable TV

__ Satellite

Wiring

Dish

__ Ceiling Fan(s)

__ Attic Fan(s)

__ Exhaust

Fan(s)

__ Central A/C

__ Central Heating

__ Wall/Window

Air

Conditioning

__ Plumbing System

__ Septic System

__ Public Sewer

System

__ Patio/Decking

__ Outdoor Grill

__ Fences

__ Pool

__ Sauna

__ Spa

__ Hot Tub

__ Pool Equipment

__ Pool Heater

__ Automatic Lawn

Sprinkler

System

__ Fireplace(s) &

Chimney

(Woodburning)

(Mock)

__ Natural Gas Lines

__ Gas Fixtures

__ Liquid Propane Gas:

__ LP Community

__ LP on Property

(Captive)

__ Fuel Gas Piping:

__ Black Iron Pipe

__ Corrugated

__ Copper

__ Stainless Steel

__ Tubing

Garage: __ Attached

__ Not Attached

__ Carport

Garage Door Opener(s):

__ Electronic

__ Control(s)

Water Heater:

__ Gas

__ Electric

Water Supply: __ City

__ Well __ MUD

__ Co-op

Roof Type: ________________________________ Age: _____(approx)

Are you (Seller) aware of any of the above items that are not in

working condition, that have known defects, or that are in need of

repair? __ Yes __ No __ Unknown.

If yes, then describe. (Attach additional sheets if necessary):

________________________________________________________________

2. Does the property have working smoke detectors installed in

accordance with the smoke detector requirements of Chapter 766,

Health and Safety Code?* __ Yes __ No __ Unknown.

If the answer to the question above is no or unknown,

explain. (Attach additional sheets if necessary):

*Chapter 766 of the Health and Safety Code requires

one-family or two-family dwellings to have working smoke detectors

installed in accordance with the requirements of the building code

in effect in the area in which the dwelling is located, including

performance, location, and power source requirements. If you do

not know the building code requirements in effect in your area, you

may check unknown above or contact your local building official for

more information. A buyer may require a seller to install smoke

detectors for the hearing impaired if: (1) the buyer or a member of

the buyer's family who will reside in the dwelling is hearing

impaired; (2) the buyer gives the seller written evidence of the

hearing impairment from a licensed physician; and (3) within 10

days after the effective date, the buyer makes a written request for

the seller to install smoke detectors for the hearing impaired and

specifies the locations for installation. The parties may agree

who will bear the cost of installing the smoke detectors and which

brand of smoke detectors to install.

3. Are you (Seller) aware of any known defects/malfunctions in any

of the following?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Interior Walls

__ Ceilings

__ Floors

__ Exterior Walls

__ Doors

__ Windows

__ Roof

__ Foundation/

__ Basement

Slab(s)

__ Walls/Fences

__ Driveways

__ Sidewalks

__ Plumbing/Sewers/

__ Electrical

__ Lighting

Septics

Systems

Fixtures

__ Other Structural Components (Describe):_______________________

________________________________________________________________

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):________________________________

________________________________________________________________

4. Are you (Seller) aware of any of the following conditions?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Active Termites

__ Previous Structural

(includes

or Roof Repair

wood-destroying insects)

__ Termite or Wood Rot Damage

__ Hazardous or Toxic Waste

Needing Repair

__ Previous Termite Damage

__ Asbestos Components

__ Previous Termite

__ Urea formaldehyde

Treatment

Insulation

__ Radon Gas

__ Improper Drainage

__ Lead Based Paint

__ Water Damage Not Due to a

__ Aluminum Wiring

__ Flood Event

__ Previous Fires

__ Unplatted Easements

__ Landfill, Settling, Soil

__ Subsurface

Movement, Fault Lines

Structure or Pits

__ Single Blockable Main

__ Previous Use of Premises

Drain in Pool/Hot

for Manufacture of

Tub/Spa*

Methamphetamine

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):________________________________

________________________________________________________________

*A single blockable main drain may cause a suction entrapment

hazard for an individual.

5. Are you (Seller) aware of any item, equipment, or system in or

on the property that is in need of repair? __ Yes (if you are

aware) __ No (if you are not aware). If yes, explain (attach

additional sheets as necessary).

_________________________________

6. Are you (Seller) aware of any of the following conditions?*

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Present flood insurance coverage

__ Previous flooding due to a failure or breach of a reservoir or a

controlled or emergency release of water from a reservoir

__ Previous water penetration into a structure on the property due

to a natural flood event

Write Yes (Y) if you are aware and check wholly or partly as

applicable, write No (N) if you are not aware.

__ Located ( ) wholly ( ) partly in a 100-year floodplain (Special

Flood Hazard Area-Zone A, V, A99, AE, AO, AH, VE, or AR)

__ Located ( ) wholly ( ) partly in a 500-year floodplain (Moderate

Flood Hazard Area-Zone X (shaded))

__ Located ( ) wholly ( ) partly in a floodway

__ Located ( ) wholly ( ) partly in a flood pool

__ Located ( ) wholly ( ) partly in a reservoir

If the answer to any of the above is yes, explain (attach additional

sheets as necessary):

* For purposes of this notice:

"100-year floodplain" means any area of land that:

(A) is identified on the flood insurance rate map as a

special flood hazard area, which is designated as Zone A, V, A99,

AE, AO, AH, VE, or AR on the map;

(B) has a one percent annual chance of flooding, which

is considered to be a high risk of flooding; and

reservoir.

"500-year floodplain" means any area of land that:

(A) is identified on the flood insurance rate map as a

moderate flood hazard area, which is designated on the map as Zone X

(shaded); and

(B) has a two-tenths of one percent annual chance of

flooding, which is considered to be a moderate risk of flooding.

"Flood pool" means the area adjacent to a reservoir that lies

above the normal maximum operating level of the reservoir and that

is subject to controlled inundation under the management of the

United States Army Corps of Engineers.

"Flood insurance rate map" means the most recent flood hazard

map published by the Federal Emergency Management Agency under the

National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et

seq.).

"Floodway" means an area that is identified on the flood

insurance rate map as a regulatory floodway, which includes the

channel of a river or other watercourse and the adjacent land areas

that must be reserved for the discharge of a base flood, also

referred to as a 100-year flood, without cumulatively increasing

the water surface elevation more than a designated height.

"Reservoir" means a water impoundment project operated by the

United States Army Corps of Engineers that is intended to retain

water or delay the runoff of water in a designated surface area of

land.

7. Have you (Seller) ever filed a claim for flood damage to the

property with any insurance provider, including the National Flood

Insurance Program (NFIP)?* __ Yes __ No. If yes, explain (attach

additional sheets as necessary):

*Homes in high risk flood zones with mortgages from federally

regulated or insured lenders are required to have flood

insurance. Even when not required, the Federal Emergency

Management Agency (FEMA) encourages homeowners in high risk,

moderate risk, and low risk flood zones to purchase flood insurance

that covers the structure(s) and the personal property within the

structure(s).

8. Have you (Seller) ever received assistance from FEMA or the

U.S. Small Business Administration (SBA) for flood damage to the

property? __ Yes __ No. If yes, explain (attach additional sheets

as necessary):

9. Are you (Seller) aware of any of the following?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__	Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.

__	Homeowners' Association or maintenance fees or assessments.

__	Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.

__	Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.

__	Any lawsuits directly or indirectly affecting the Property.

__	Any condition on the Property which materially affects the physical health or safety of an individual.

__	Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source.

__	Any portion of the property that is located in a groundwater conservation district or a subsidence district.

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary): ______________________________

________________________________________________________________

10. If the property is located in a coastal area that is seaward of

the Gulf Intracoastal Waterway or within 1,000 feet of the mean high

tide bordering the Gulf of America [~~Gulf of Mexico~~], the property

may be subject to the Open Beaches Act or the Dune Protection Act

(Chapter 61 or 63, Natural Resources Code, respectively) and a

beachfront construction certificate or dune protection permit may

be required for repairs or improvements. Contact the local

government with ordinance authority over construction adjacent to

public beaches for more information.

11. This property may be located near a military installation and

may be affected by high noise or air installation compatible use

zones or other operations. Information relating to high noise and

compatible use zones is available in the most recent Air

Installation Compatible Use Zone Study or Joint Land Use Study

prepared for a military installation and may be accessed on the

Internet website of the military installation and of the county and

any municipality in which the military installation is located.

_______________ ________________________________________

Date Signature of Seller

The undersigned purchaser hereby acknowledges receipt of the

foregoing notice.

_______________ ________________________________________

Date Signature of Purchaser

SECTION 13.02. Section 204.002(a), Property Code, is

amended to read as follows:

(a) This chapter applies only to a residential real estate

subdivision, excluding a condominium development governed by Title

7 that is located in whole or in part:

(1) in a county with a population of 3.3 million or

more;

(2) in a county with a population of not less than

315,000 and not more than 351,000 that is adjacent to the Gulf of

America [~~Gulf of Mexico~~] and that is adjacent to a county having a

population of 3.3 million or more; or

(3) in a county with a population of 275,000 or more

that:

(A) is adjacent to a county with a population of

3.3 million or more; and

(B) contains part of a national forest.

ARTICLE 14. PARKS AND WILDLIFE CODE PROVISIONS

SECTION 14.01. Section 1.011(c), Parks and Wildlife Code,

is amended to read as follows:

bottoms of the public rivers, bayous, lagoons, creeks, lakes, bays,

and inlets in this state and of that part of the Gulf of America

[~~Gulf of Mexico~~] within the jurisdiction of this state are the

property of this state. The state may permit the use of the waters

and bottoms and the taking of the products of the bottoms and

waters.

SECTION 14.02. Section 13.023(a), Parks and Wildlife Code,

is amended to read as follows:

(a) The department shall:

(1) during reasonable daylight hours, as established

and posted by the department, from Memorial Day to Labor Day,

provide:

(A) occupied lifeguard towers or mobile

lifeguard units on each side of each pier, jetty, or other structure

that protrudes into the Gulf of America [~~Gulf of Mexico~~] that is

located within a state park; or

(B) a single occupied lifeguard tower or mobile

lifeguard unit at each pier, jetty, or other structure that

protrudes into the Gulf of America [~~Gulf of Mexico~~] that is located

within a state park if the single tower provides an unobstructed

view of both sides of each structure; and

(2) post within 100 yards of each side of each

structure described by Subdivision (1) signs clearly describing the

dangerous water conditions that may occur near the structure.

SECTION 14.03. Section 13.314, Parks and Wildlife Code, is

amended to read as follows:

Sec. 13.314. COMPLIANCE IN FISHERY MANAGEMENT. The

department may cooperate and contract with the Gulf of America

[~~Gulf of Mexico~~] Fishery Management Council or the National Marine

Fisheries Service for conduct of such work as may be necessary in

complying with requirements of the Fishery Conservation and

Management Act of 1976 (16 U.S.C.A. Section 1801 et seq.).

SECTION 14.04. Section 21.111(c), Parks and Wildlife Code,

is amended to read as follows:

seaward shore of the Gulf of America [~~Gulf of Mexico~~], extending

from the line of mean low tide to the line of vegetation, over which

the public has acquired a right of use or easement to or over the

area by prescription or dedication or has retained a right by virtue

of continuous right in the public, no entrance or gate fee may be

charged to persons desiring to enter or to leave the public beach

area, so long as the persons do not enter any other portion of the

park for which an entrance or gate fee is charged.

SECTION 14.05. Section 43.402(a), Parks and Wildlife Code,

is amended to read as follows:

(a) Except as provided by Subsection (b) or (c) of this

section, no person may engage in fishing in saltwater for sporting

purposes in this state, or unload in this state fish or other

aquatic life taken for sporting purposes from waters managed by the

Gulf of America [~~Gulf of Mexico~~] Fishery Management Council

established under the Fishery Conservation and Management Act of

1976 (16 U.S.C. Section 1801 et seq.), unless the person has

acquired a saltwater sportfishing stamp endorsement issued to the

person by the department. The commission by rule may prescribe

requirements relating to possessing a stamp endorsement required by

this subchapter.

SECTION 14.06. Section 46.001(a), Parks and Wildlife Code,

is amended to read as follows:

(a) No person may fish in the public water of this state, or

unload in this state fish or other aquatic life taken for sporting

purposes from waters managed by the Gulf of America [~~Gulf of Mexico~~]

Fishery Management Council established under the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. Section 1801 et

seq.), unless the person has acquired a fishing license issued

under this subchapter, except as provided by Sections 46.0012 and

46.002. The commission by rule may prescribe requirements relating

to possessing a license required by this subchapter.

SECTION 14.07. Section 47.001(7), Parks and Wildlife Code,

is amended to read as follows:

(7) "Tidal water" means all the salt water of this

state, including that portion of the state's territorial water in

the Gulf of America [~~Gulf of Mexico~~] within three marine leagues

from shore.

SECTION 14.08. Sections 47.038(a) and (a-1), Parks and

Wildlife Code, are amended to read as follows:

(a) Except as provided by Subsection (a-1), nets or purse

seines used for catching menhaden may not be:

(1) less than one and one-half inch stretched mesh,

excluding the bag;

(2) used in any bay, river, pass, or tributary, nor

within one mile of any barrier, jetty, island, or pass, nor within

one-half mile offshore in the Gulf of America [~~Gulf of Mexico~~]; or

(3) used for the purpose of taking edible aquatic

products for the purpose of barter, sale, or exchange.

(a-1) The holder of a Class C menhaden boat license issued

under Section 47.008 may use a cast net, as defined by the

commission, to catch menhaden in any coastal bay, river, or

tributary landward from the shoreline of the state along the coast

of the Gulf of America [~~Gulf of Mexico~~].

SECTION 14.09. Sections 62.0061(a) and (b), Parks and

Wildlife Code, are amended to read as follows:

(a) Except as provided by Subsection (b), a person may not

hunt or take any wild animal or wild bird when the person is on or

over privately owned land that is:

(1) submerged under:

(A) public fresh water due to seasonal or

occasional innundation; or

(B) public salt water and located above the mean

high tide line of the Gulf of America [~~Gulf of Mexico~~] and its bays

and estuaries; and

(2) conspicuously marked as privately owned by a sign

or signs that are substantially similar to the following:

POSTED. PRIVATE PROPERTY. NO HUNTING.

(b) This section does not apply to:

(1) fishing or to fish and other aquatic life;

(2) a person who:

(A) owns the submerged land; or

(B) obtains the landowner's consent;

(3) land that is dedicated to the permanent school

fund and that is located within:

(A) the tidewater limits of this state; or

(B) the gradient boundaries of a navigable river

or stream in this state; or

(4) land that is:

(A) submerged by public water; and

(B) located below the mean high tide line of the

Gulf of America [~~Gulf of Mexico~~] and its bays and estuaries.

SECTION 14.10. Section 66.015(a), Parks and Wildlife Code,

is amended to read as follows:

(a) In this section, "public water" means the bays,

estuaries, and water of the Gulf of America [~~Gulf of Mexico~~] within

the jurisdiction of the state, and the rivers, streams, creeks,

bayous, reservoirs, lakes, and portions of those waters where

public access is available without discrimination.

SECTION 14.11. Sections 66.204(a) and (b), Parks and

Wildlife Code, are amended to read as follows:

(a) The commission by proclamation may regulate the

placement of obstructions, traps, and mooring in fish passes and

the marking of restricted areas in any natural or artificial pass

that is opened, reopened, dredged, excavated, constructed, or

maintained by the department as a fish pass between the Gulf of

America [~~Gulf of Mexico~~] and an inland bay.

(b) No person may operate, possess, or moor a vessel or

other floating device, or may place any piling, wire, rope, cable,

net, trap, or other obstruction, in a natural or artificial pass

opened, reopened, dredged, excavated, constructed, or maintained

by the department as a fish pass between the Gulf of America [~~Gulf~~

~~of Mexico~~] and an inland bay within the distance inside the pass

from the mouth of the pass where it empties into the Gulf of America

[~~Gulf of Mexico~~] to a marker or sign erected by the department

indicating the restricted area.

SECTION 14.12. Section 66.301, Parks and Wildlife Code, is

amended to read as follows:

Sec. 66.301. DEFINITION. In this subchapter, "coastal

water" means all of the salt water of this state, including that

portion of the Gulf of America [~~Gulf of Mexico~~] within the

jurisdiction of this state.

SECTION 14.13. Sections 77.001(1), (2), (3) and (13), Parks

and Wildlife Code, are amended to read as follows:

(1) "Coastal water" means all the salt water of this

state, including that portion of the Gulf of America [~~Gulf of~~

~~Mexico~~] within the jurisdiction of the state.

(2) "Inside water" means all bays, inlets, outlets,

passes, rivers, streams, and other bodies of water landward from

the shoreline of the state along the Gulf of America [~~Gulf of~~

~~Mexico~~] and contiguous to, or connected with, but not a part of, the

Gulf of America [~~Gulf of Mexico~~] and within which the tide regularly

rises and falls and in which saltwater shrimp are found or into

which saltwater shrimp migrate.

(3) "Outside water" means the salt water of the state

contiguous to and seaward from the shoreline of the state along the

Gulf of America [~~Gulf of Mexico~~] as the shoreline is projected and

extended in a continuous and unbroken line, following the contours

of the shoreline, across bays, inlets, outlets, passes, rivers,

streams, and other bodies of water; and that portion of the Gulf of

America [~~Gulf of Mexico~~] extending from the shoreline seaward and

within the jurisdiction of the state.

(13) "Contiguous zone," means that area of the Gulf of

America [~~Gulf of Mexico~~] lying adjacent to and offshore of the

jurisdiction of the State of Texas and in which shrimp of the genus

Penaeus are found.

SECTION 14.14. Section 77.072, Parks and Wildlife Code, is

amended to read as follows:

Sec. 77.072. SHRIMP SIZE EXCEPTION. Minimum size

restrictions as provided in Chapter 77, Parks and Wildlife Code, as

amended, do not apply to shrimp taken from outside waters when:

(1) the Gulf of America [~~Gulf of Mexico~~] Fishery

Management Council's Fishery Management Plan for the Shrimp Fishery

of the Gulf of America [~~Gulf of Mexico~~] is in effect; and

(2) such plan as described in Subsection (a) of this

section restricts the taking of shrimp in the Fishery Conservation

Zone contiguous to the outside waters of Texas, to conform with the

Texas closed Gulf season as defined in Sections 77.061(1) and

77.062 of this code.

SECTION 14.15. Section 79.001, Parks and Wildlife Code, is

amended to read as follows:

Sec. 79.001. COMPLIANCE. The department is authorized to

cooperate with the Gulf of America [~~Gulf of Mexico~~] Fishery

Management Council established pursuant to the Fishery

Conservation and Management Act of 1976 (16 U.S.C.A. Section 1801

et seq.), in developing state management programs which are

consistent with plans proposed by the council and approved by the

secretary of commerce.

SECTION 14.16. Section 86.0151(a), Parks and Wildlife Code,

is amended to read as follows:

(a) A nonprofit corporation, fund, or foundation exempted

from federal income taxes under Section 503(c)(3), Internal Revenue

Code of 1954, as amended (26 U.S.C. Sec. 503(c)(3)), may take sand,

gravel, marl, shell, and mudshell from Brown Cedar Cut in Matagorda

County for the sole purpose of opening and reopening that passage

between the Gulf of America [~~Gulf of Mexico~~] and East Matagorda Bay.

SECTION 14.17. Section 86.0152(a), Parks and Wildlife Code,

is amended to read as follows:

(a) A nonprofit corporation, fund, or foundation exempted

from federal income taxes under Section 501(c)(3), Internal Revenue

Code of 1954, as amended (26 U.S.C. Sec. 501(c)(3)), or a political

subdivision of the state may take sand, gravel, marl, shell, and

mudshell from Cedar Bayou in Aransas County for the sole purpose of

opening and reopening that passage between the Gulf of America

[~~Gulf of Mexico~~] and Mesquite Bay.

SECTION 14.18. Section 91.008, Parks and Wildlife Code, is

amended to read as follows:

Sec. 91.008. TEXT OF COMPACT. The Gulf States Marine

Fisheries Compact reads as follows:

GULF STATES MARINE FISHERIES COMPACT

The contracting states solemnly agree:

ARTICLE I

Whereas the Gulf Coast States have the proprietary interest

in and jurisdiction over fisheries in the waters within their

respective boundaries, it is the purpose of this compact to promote

the better utilization of the fisheries, marine, shell and

anadromous, of the seaboard of the Gulf of America [~~Gulf of Mexico~~],

by the development of a joint program for the promotion and

protection of such fisheries and the prevention of the physical

waste of the fisheries from any cause.

ARTICLE II

This compact shall become operative immediately as to those

states ratifying it whenever any two or more of the states of

Florida, Alabama, Mississippi, Louisiana and Texas have ratified it

and the Congress has given its consent, pursuant to Article I,

Section 10 of the Constitution of the United States. Any state

contiguous to any of the aforementioned states or riparian upon

waters which flow into waters under the jurisdiction of any of the

aforementioned States and which are frequented by anadromous fish

or marine species, may become a party hereto as hereinafter

provided.

ARTICLE III

Each state joining herein shall appoint three

representatives to a commission hereby constituted and designated

as the Gulf States Marine Fisheries Commission. One shall be the

head of the administrative agency of such State charged with the

conservation of the fishery resources to which this compact

pertains; or, if there be more than one officer or agency, the

official of that State named by the Governor thereof. The second

shall be a member of the Legislature of such State designated by

such Legislature, or in the absence of such designation, such

legislator shall be designated by the Governor thereof; provided

that if it is constitutionally impossible to appoint a legislator

as a commissioner from such State, the second member shall be

appointed in such manner as may be established by law. The third

shall be a citizen who shall have a knowledge of and interest in the

marine fisheries, to be appointed by the Governor. This commission

shall be a body corporate with the powers and duties set forth

herein.

ARTICLE IV

The duty of the said commission shall be to make inquiry and

ascertain from time to time such methods, practices, circumstances

and conditions as may be disclosed for bringing about the

conservation and the prevention of the depletion and physical waste

of the fisheries, marine, shell and anadromous, of the Gulf Coast.

The commission shall have power to recommend the coordination of

the exercise of the police powers of the several States within their

respective jurisdictions to promote the preservation of these

fisheries and their protection against over-fishing, waste,

depletion or any abuse whatsoever, and to assure a continuing yield

from the fishery resources of the aforementioned States. To that

end the commission shall draft and recommend to the Governors and

Legislatures of the various signatory States, legislation dealing

with the conservation of the marine, shell and anadromous fisheries

of the Gulf seaboard. The commission shall from time to time present

to the Governor of each compacting State its recommendations

relating to enactments to be presented to the Legislature of that

State in furthering the interest and purposes of this compact. The

commission shall consult with and advise the pertinent

administrative agencies in the States party hereto with regard to

problems connected with the fisheries, and recommend the adoption

of such regulations as it deems advisable. The commission shall

have power to recommend to the States party hereto the stocking of

the waters of such States with fish and fish eggs or joint stocking

by some or all of the States party hereto, and when two or more

States shall jointly stock waters the commission shall act as the

coordinating agency for such stocking.

ARTICLE V

The commission shall elect from its number a chairman and

vice-chairman and shall appoint, and at its pleasure remove or

discharge, such officers and employees as may be required to carry

the provisions of this compact into effect and shall fix and

determine their duties, qualifications and compensation. Said

commission shall adopt rules and regulations for the conduct of its

business. It may establish and maintain one or more offices for the

transaction of its business, and may meet at any time or place; but

must meet at least once a year.

ARTICLE VI

No action shall be taken by the commission in regard to its

general affairs except by the affirmative vote of a majority of the

whole number of compacting States. No recommendation shall be made

by the commission in regard to any species of fish except by the

affirmative vote of a majority of the compacting States which have

an interest in such species. The commission shall define what shall

be an interest.

ARTICLE VII

The Fish and Wildlife Service of the Department of the

Interior of the Government of the United States shall act as the

primary research agency of the Gulf States Marine Fisheries

Commission, cooperating with the research agencies in each State

for that purpose. Representatives of the said Fish and Wildlife

Service shall attend the meetings of the commission. An advisory

committee to be representative of the commercial salt water

fishermen and the salt water anglers and such other interests of

each State as the commissioners deem advisable may be established

by the commissioners from each State for the purpose of advising

those commissioners upon such recommendations as it may desire to

make.

ARTICLE VIII

When any State, other than those named specifically in

Article II of this compact, shall become a party hereto for the

purpose of conserving its anadromous fish or marine species in

accordance with the provisions of Article II, the participation of

such State in the action of the commission shall be limited to such

species of fish.

ARTICLE IX

Nothing in this compact shall be construed to limit the

powers of the proprietary interest of any signatory State, or to

repeal or prevent the enactment of any legislation or the

enforcement of any requirement by a signatory State, imposing

additional conditions and restrictions to conserve its fisheries.

ARTICLE X

It is agreed that any two or more States party hereto may

further amend this compact by acts of their respective

Legislatures, subject to approval of Congress as provided in

Article I, Section X, of the Constitution of the United States, to

designate the Gulf States Marine Fisheries Commission as a joint

regulating authority for the joint regulation of specific fisheries

affecting only such States as shall so compact, and at their joint

expense. The representatives of such States shall constitute a

separate section of the Gulf States Marine Fisheries Commission for

the exercise of the additional powers so granted, but the creation

of such section shall not be deemed to deprive the States so

compacting of any of their privileges or powers in the Gulf States

Marine Fisheries Commission as constituted under the other Articles

of this compact.

ARTICLE XI

Continued absence of representation or of any representative

on the commission from any State party hereto, shall be brought to

the attention of the Governor thereof.

ARTICLE XII

The operating expenses of the Gulf States Marine Fisheries

Commission shall be borne by the States party hereto. Such initial

appropriation as set forth below shall be made available yearly

until modified as hereinafter provided:

Florida

$3,500.00

Alabama

1,000.00

Mississippi

1,000.00

Louisiana

5,000.00

Texas

2,500.00

Total

$13,000.00

The proration and total cost per annum of Thirteen Thousand

($13,000.00) Dollars, above mentioned, is estimative only, for

initial operations, and may be changed when found necessary by the

commission and approved by the Legislatures of the respective

States. Each State party hereto agrees to provide in the manner most

acceptable to it, the travel costs and necessary expenses of its

commissioners and other representatives to and from meetings of the

commission or its duly constituted sections or committees.

ARTICLE XIII

This compact shall continue in force and remain binding upon

each compacting State until renounced by Act of the Legislature of

such State, in such form as it may choose; provided that such

renunciation shall not become effective until six months after the

effective date of the action taken by the Legislature. Notice of

such renunciation shall be given the other States party hereto by

the Secretary of State of compacting State so renouncing upon

passage of the Act.

ARTICLE 15. SPECIAL DISTRICT LOCAL LAWS PROVISIONS

SECTION 15.01. Section 5002.151(3), Special District Local

Laws, is amended to read as follows:

(3) "Protected zone" means the portion of the

corporate limits of the City of Freeport as they exist on September

1, 2023, that lies:

(A) within the enclosed space bounded by

beginning at the intersection of State Highway 36 and the center of

the Brazos River, then north along the center of the Brazos River to

the intersection of the center of the Brazos River and the center of

the DOW fresh water canal, then north and east along the center of

the DOW fresh water canal to the intersection of the center of the

DOW fresh water canal and Farm-to-Market Road 1495, then south

along Farm-to-Market Road 1495 to the intersection of

Farm-to-Market Road 1495 and State Highway 36, and then west along

State Highway 36 to the intersection of State Highway 36 and the

center of the Brazos River;

(B) within Brazoria County 2020 United States

Census tract 664501 blocks 2027, 2032, and 2034;

beginning at the intersection of Farm-to-Market Road 1495 and the

Intracoastal Waterway, then west along the Intracoastal Waterway to

the intersection of the Intracoastal Waterway and the Brazos River,

then south along the Brazos River to the Gulf of America [~~Gulf of~~

~~Mexico~~], then east along the Gulf of America [~~Gulf of Mexico~~] to the

intersection of a line extending from the southern terminus of

Farm-to-Market Road 1495 due south to the intersection with the

Gulf of America [~~Gulf of Mexico~~], and then due north to the

intersection of Farm-to-Market Road 1495 and the Intracoastal

Waterway;

(D) adjacent to the old Brazos River channel and

inside the floodgate, which is zoned as a W-1 District under the

zoning ordinance, and bounded by Farm-to-Market Road 1495 on the

west;

(E) within the portion of Brazoria County 2020

United States Census tract 664200 blocks 2059, 2060, and 2061 that

lies within 3,500 feet of the centerline of State Highway 332;

(F) within the 13.316 acre tract of land

described in that certain Deed recorded in Volume 11199, at Page 471

of the Brazoria County Real Property Records; or

(G) within the 56.751 acre tract of land

described in that certain Deed of Exchange recorded in Volume

86286, at Page 927 of the Brazoria County Real Property Records.

SECTION 15.02. Section 5002.201(a), Special District Local

Laws, is amended to read as follows:

(a) This section applies only to property:

(1) owned or leased by the district; and

(2) located in:

(A) the district; and

(B) the boundaries or extraterritorial

jurisdiction of a municipality with a population of less than

20,000 that is wholly located in the district and whose corporate

limits border the Gulf of America [~~Gulf of Mexico~~].

SECTION 15.03. Section 5002.205(a), Special District Local

Laws, is amended to read as follows:

(a) This section applies only to a municipality with a

population of more than 5,000 that is wholly located in the district

and to property:

(1) owned or leased by the district;

(2) located in the district and within seven miles of

the Gulf of America [~~Gulf of Mexico~~]; and

(3) located in the corporate limits or

extraterritorial jurisdiction of a municipality that is subject to

this section.

SECTION 15.04. Section 5201.005(b), Special District Local

Laws, is amended to read as follows:

(b) The district may construct, acquire, improve, operate,

or maintain a road facility:

(1) in the district;

(2) from a point in the district to a point outside of

the district in Galveston County; or

(3) from a point in the district in, over, through, or

under the Gulf of America [~~Gulf of Mexico~~] or a bay or inlet opening

into the gulf to a point outside of the district and located in

another county.

ARTICLE 16. TRANSPORTATION CODE PROVISIONS

SECTION 16.01. Section 52.002(1), Transportation Code, is

amended to read as follows:

(1) "Adjacent coastal county" means a county bordering

the Gulf of America [~~Gulf of Mexico~~] that has an onshore storage

facility for a deepwater port for which an application has been

filed.

SECTION 16.02. Section 54.001, Transportation Code, is

amended to read as follows:

Sec. 54.001. APPLICABILITY OF CHAPTER. This chapter

applies only to a municipality that:

(1) is located on:

(A) the Gulf of America [~~Gulf of Mexico~~]; or

(B) a channel, canal, bay, or inlet connected to

that gulf; and

(2) has a population of more than 5,000.

SECTION 16.03. Section 61.002(6), Transportation Code, is

amended to read as follows:

(6) "Port" means a place in this state into which a

vessel enters or from which a vessel departs. If the port connects

to the Gulf of America [~~Gulf of Mexico~~], "port" includes the

waterway leading from the port to the Gulf of America [~~Gulf of~~

~~Mexico~~].

SECTION 16.04. Section 61.006, Transportation Code, is

amended to read as follows:

Sec. 61.006. BOARD JURISDICTION. A board has exclusive

jurisdiction over piloting of vessels in this state between the

Gulf of America [~~Gulf of Mexico~~] and the ports in the board's

jurisdiction.

SECTION 16.05. Section 62.024, Transportation Code, is

amended to read as follows:

Sec. 62.024. JURISDICTION. The pilot board of a navigation

district has exclusive jurisdiction over the pilotage of a vessel

between the Gulf of America [~~Gulf of Mexico~~] and a port of the

navigation district, including an intermediate stop or landing

place on a navigable stream in the district.

SECTION 16.06. Section 66.002(3), Transportation Code, is

amended to read as follows:

(3) "Harris County port" means a place in Harris

County into which a vessel enters or from which a vessel departs and

the waterway leading to that place from the Gulf of America [~~Gulf of~~

~~Mexico~~].

SECTION 16.07. Section 67.002(3), Transportation Code, is

amended to read as follows:

(3) "Galveston County port" means a place in Galveston

County into which a vessel enters or from which a vessel departs and

the waterway leading to that place from the Gulf of America [~~Gulf of~~

~~Mexico~~].

SECTION 16.08. Section 68.002(2), Transportation Code, is

amended to read as follows:

(2) "Brazoria County port" means a place in Brazoria

County into which a vessel enters or from which a vessel departs and

the waterway leading to that place from the Gulf of America [~~Gulf of~~

~~Mexico~~].

SECTION 16.09. Section 69.002(3), Transportation Code, is

amended to read as follows:

(3) "Jefferson or Orange County port" means a place in

Jefferson or Orange County into which a vessel enters or from which

a vessel departs and the waterway leading to that place from the

Gulf of America [~~Gulf of Mexico~~].

SECTION 16.10. Section 69.064, Transportation Code, is

amended to read as follows:

Sec. 69.064. FACTORS FOR BOARD CONSIDERATION. In acting on

a pilotage rate change application, the board shall consider:

(1) characteristics of vessels to be piloted;

(2) the public interest in maintaining safe,

efficient, and reliable pilot services;

(3) the average number of hours spent by a pilot in

performing all pilot services and pilot services onboard vessels;

(4) costs to pilots to provide the required pilot

services;

(5) economic factors affecting the shipping industry

in the area in which the port is located;

(6) the average wages of masters of United States flag

vessels;

(7) an adequate and reasonable compensation for the

pilots and a fair return on the equipment and vessels that the

pilots employ in connection with pilot duties; and

(8) the relationship between pilotage rates in

Jefferson or Orange County ports and the rates applicable in other

ports of this state and in competitive ports in other states

bordering the Gulf of America [~~Gulf of Mexico~~].

SECTION 16.11. Section 70.002(3), Transportation Code, is

amended to read as follows:

(3) "Port of Corpus Christi" means a place into which a

vessel enters or from which a vessel departs and the waterway

leading to that place from the Gulf of America [~~Gulf of Mexico~~]

under the jurisdiction of the Port of Corpus Christi Authority.

SECTION 16.12. Section 283.001(4), Transportation Code, is

amended to read as follows:

(4) "Project" means a causeway, bridge, or tunnel,

including a necessary approach, fixture, accessory, or equipment

that:

(A) is located in one county; and

(B) traverses or lies under the water of the Gulf

of America [~~Gulf of Mexico~~], including a bay or inlet opening.

SECTION 16.13. Section 283.002, Transportation Code, is

amended to read as follows:

Sec. 283.002. APPLICABILITY. This chapter applies only to

a county that:

(1) borders on the Gulf of America [~~Gulf of Mexico~~];

and

(2) has a population of at least 20,000 as determined

before the issuance of bonds under this chapter.

SECTION 16.14. Section 284.002(a), Transportation Code, is

amended to read as follows:

(a) Except as provided by Subsection (b), this chapter

applies only to a county that:

(1) has a population of 50,000 or more and borders the

Gulf of America [~~Gulf of Mexico~~] or a bay or inlet opening into the

gulf;

(2) has a population of 2.5 million or more;

(3) is adjacent to a county that has a population of

2.5 million or more; or

(4) borders the United Mexican States.

SECTION 16.15. Section 341.002, Transportation Code, is

amended to read as follows:

Sec. 341.002. GENERAL AUTHORITY TO ACT. Subject to Chapter

33, Natural Resources Code, an individual, corporation, or

association may purchase, build, own, maintain, and operate a

structure across an arm, inlet, or saltwater bay of the Gulf of

America [~~Gulf of Mexico~~] located entirely in this state to provide a

causeway for vehicles, pedestrians, and railroads.

SECTION 16.16. Section 342.001(a), Transportation Code, is

amended to read as follows:

(a) The department may purchase, construct, maintain,

operate, or control a ferry that crosses:

(1) a bay, arm, channel, or saltwater lake emptying

into the Gulf of America [~~Gulf of Mexico~~];

(2) an inlet of the Gulf of America [~~Gulf of Mexico~~];

(3) a river or other navigable body of water.

SECTION 16.17. Section 463.002, Transportation Code, is

amended to read as follows:

Sec. 463.002. APPLICATION. This chapter applies to:

(1) a county that is contiguous to the Gulf of America

[~~Gulf of Mexico~~] or a bay or inlet opening into the gulf and that

borders the United Mexican States; and

(2) a county that borders a county described by

Subdivision (1).

SECTION 16.18. Section 551.404(c), Transportation Code, is

amended to read as follows:

(1) borders or contains a portion of the Red River; or

(2) borders the Gulf of America [~~Gulf of Mexico~~] and

has a population of less than 500,000.

SECTION 16.19. Section 551A.001(2), Transportation Code,

is amended to read as follows:

(2) "Beach" means a beach area, publicly or privately

owned, that borders the seaward shore of the Gulf of America [~~Gulf~~

~~of Mexico~~].

SECTION 16.20. Section 551A.053(c), Transportation Code,

is amended to read as follows:

(1) borders or contains a portion of the Red River;

(2) borders or contains a portion of the Guadalupe

River and contains a part of a barrier island that borders the Gulf

of America [~~Gulf of Mexico~~]; or

(3) is adjacent to a county described by Subdivision

(2) and:

(A) has a population of less than 37,000; and

(B) contains a part of a barrier island or

peninsula that borders the Gulf of America [~~Gulf of Mexico~~].

SECTION 16.21. Section 623.210, Transportation Code, is

amended to read as follows:

Sec. 623.210. OPTIONAL PROCEDURE. This subchapter provides

an optional procedure for the issuance of a permit for the movement

of oversize or overweight vehicles carrying cargo on state highways

located in counties:

(1) contiguous to the Gulf of America [~~Gulf of Mexico~~]

or a bay or inlet opening into the gulf and:

(A) adjacent to at least two counties with a

population of 550,000 or more; or

(B) bordering the United Mexican States; or

(2) contiguous to the Gulf of America [~~Gulf of Mexico~~]

or a bay or inlet opening into the gulf with a population of not more

than 200,000 and adjacent to a county described by Subdivision

(1)(A).

SECTION 16.22. Section 623.212, Transportation Code, is

amended to read as follows:

Sec. 623.212. PERMITS BY PORT AUTHORITY. The commission

may authorize a port authority to issue permits for the movement of

oversize or overweight vehicles carrying cargo on state highways

located in counties:

(1) contiguous to the Gulf of America [~~Gulf of Mexico~~]

or a bay or inlet opening into the gulf and:

(A) adjacent to at least two counties with a

population of 550,000 or more; or

(B) bordering the United Mexican States; or

(2) contiguous to the Gulf of America [~~Gulf of Mexico~~]

or a bay or inlet opening into the gulf with a population of not more

than 200,000 and adjacent to a county described by Subdivision

(1)(A).

SECTION 16.23. Section 623.219(b-1), Transportation Code,

is amended to read as follows:

(b-1) For a permit issued by a port authority contiguous to

the Gulf of America [~~Gulf of Mexico~~] or a bay or inlet opening into

the gulf with a population of not more than 200,000 that is adjacent

to a county described in Subsection (b), the commission shall, with

the consent of the port authority, designate the most direct route

from:

(1) the Matagorda County line to the entrance of the

Port of Palacios using State Highway 35;

(2) the Matagorda County line to the entrance of the

Port of Palacios using State Highway 60;

(3) the Matagorda County line to the entrance of the

Port of Palacios using FM 521; and

(4) the Matagorda County line to the entrance of the

Port of Palacios using State Highway 71.

SECTION 16.24. Section 623.406(b), Transportation Code, is

amended to read as follows:

(b) The transportation of a sealed intermodal shipping

container under a permit issued under this subchapter:

(1) must begin or end at a port authority or port of

entry that is located in a county contiguous to the Gulf of America

[~~Gulf of Mexico~~] or a bay or inlet opening into the gulf; and

(2) may not exceed 30 miles from the port authority or

port of entry and must be on a highway or road described by Section

623.405(b).

SECTION 16.25. Section 644.101(b), Transportation Code, is

amended to read as follows:

(b) A police officer of any of the following municipalities

is eligible to apply for certification under this section:

(1) a municipality with a population of 50,000 or

more;

(2) a municipality with a population of 25,000 or more

any part of which is located in a county with a population of

500,000 or more;

(3) a municipality with a population of less than

25,000:

(A) any part of which is located in a county with

a population of 3.3 million; and

(B) that contains or is adjacent to an

international port;

(4) a municipality with a population of at least

34,000 that is located in a county that borders two or more states;

(5) a municipality any part of which is located in a

county bordering the United Mexican States;

(6) a municipality with a population of less than

5,000 that is located:

(A) adjacent to a bay connected to the Gulf of

America [~~Gulf of Mexico~~]; and

(B) in a county adjacent to a county with a

population greater than 3.3 million;

(7) a municipality that is located:

(A) within 25 miles of an international port; and

(B) in a county that does not contain a highway

that is part of the national system of interstate and defense

highways and is adjacent to a county with a population greater than

3.3 million;

(8) a municipality with a population of less than

8,500 that:

(A) is the county seat; and

(B) contains a highway that is part of the

national system of interstate and defense highways;

(9) a municipality located in a county with a

population between 60,000 and 69,000 adjacent to a bay connected to

the Gulf of America [~~Gulf of Mexico~~];

(10) a municipality with a population of more than

40,000 and less than 50,000 that is located in a county with a

population of more than 285,000 and less than 300,000 that borders

the Gulf of America [~~Gulf of Mexico~~];

(11) a municipality with a population between 32,000

and 50,000 that is located entirely in a county that:

(A) has a population of less than 250,000;

(B) is adjacent to two counties that each have a

population of more than 1.2 million; and

national system of interstate and defense highways;

(12) a municipality with a population of more than

4,500 and less than 10,000 that:

(A) contains a highway that is part of the

national system of interstate and defense highways; and

(B) is located in a county with a population

between 175,000 and 190,000;

(13) a municipality with a population of less than

75,000 that is located in three counties, at least one of which has

a population greater than 3.3 million;

(14) a municipality with a population between 13,900

and 17,000 that:

(A) contains three or more numbered United States

highways; and

(B) is located in a county that is adjacent to a

county with a population of more than 200,000;

(15) a municipality with a population of less than

50,000 that is located in:

(A) a county that generated $20 million or more

in tax revenue collected under Chapters 201 and 202, Tax Code, from

oil and gas production during the preceding state fiscal year; or

(B) a county that is adjacent to two or more

counties described by Paragraph (A); or

(16) a municipality with a population of more than

2,000 that is located in a county:

(A) with a population of less than 200,000; and

(B) that borders:

(i) another state; and

(ii) the Gulf Intracoastal Waterway

(16) a municipality that is located:

(A) within 20 miles of an international airport;

and

(B) in a county that:

(i) contains an active quarry;

(ii) has a population of more than 150,000

but less than 170,000; and

(iii) is adjacent to a county with a

population of more than two million.

SECTION 16.26. Section 729.001(b), Transportation Code, is

amended to read as follows:

(b) In this section, "beach" means a beach bordering on the

Gulf of America [~~Gulf of Mexico~~] that extends inland from the line

of mean low tide to the natural line of vegetation bordering on the

seaward shore of the Gulf of America [~~Gulf of Mexico~~], or the larger

contiguous area to which the public has acquired a right of use or

easement to or over by prescription, dedication, or estoppel, or

has retained a right by virtue of continuous right in the public

since time immemorial as recognized by law or custom.

SECTION 16.27. Section 750.002, Transportation Code, is

amended to read as follows:

Sec. 750.002. SPEED OF VEHICLE IN PARK IN COUNTY BORDERING

GULF OF AMERICA [~~GULF OF MEXICO~~]. (a) A person commits an offense if

the person drives a vehicle at a speed greater than 30 miles per

hour within the boundaries of a county park located in a county that

borders on the Gulf of America [~~Gulf of Mexico~~], other than on a

beach as that term is defined by Section 61.012, Natural Resources

Code, in the park.

ARTICLE 17. TAX CODE PROVISIONS

SECTION 17.01. Sections 11.271(b) and (c), Tax Code, are

amended to read as follows:

(b) An owner or lessee of a marine or mobile drilling unit

designed for offshore drilling of oil or gas wells is entitled to an

exemption from taxation of the drilling unit if the drilling unit:

(1) is being stored in a county bordering on the Gulf

of America [~~Gulf of Mexico~~] or on a bay or other body of water

immediately adjacent to the Gulf of America [~~Gulf of Mexico~~];

(2) is not being stored for the sole purpose of repair

or maintenance; and

(3) is not being used to drill a well at the location

at which it is being stored.

the personal property the person owns or leases that is used,

constructed, acquired, stored, or installed solely as part of an

offshore spill response containment system, or that is used solely

for the development, improvement, storage, deployment, repair,

maintenance, or testing of such a system, if the system is being

stored while not in use in a county bordering on the Gulf of America

[~~Gulf of Mexico~~] or on a bay or other body of water immediately

adjacent to the Gulf of America [~~Gulf of Mexico~~]. Property

described by this subsection and not used for any other purpose is

considered to be property used wholly as an integral part of mobile

or marine drilling equipment designed for offshore drilling of oil

or gas wells.

SECTION 17.02. Section 31.03(d), Tax Code, is amended to

read as follows:

(d) This subsection applies only to a taxing unit located in

a county having a population of not less than 315,000 and not more

than 351,000 that borders a county having a population of 3.3

million or more and the Gulf of America [~~Gulf of Mexico~~]. The

governing body of a taxing unit that has its taxes collected by

another taxing unit that has adopted the split-payment option under

Subsection (a) may provide, in the manner required by law for

official action by the body, that the split-payment option does not

apply to the taxing unit's taxes collected by the other taxing unit.

SECTION 17.03. Section 41.44 (c-1), Tax Code, is amended to

read as follows:

(c-1) A property owner who files a notice of protest after

the deadline prescribed by Subsection (a) but before the taxes on

the property to which the notice applies become delinquent is

entitled to a hearing and determination of the protest if the

property owner was continuously employed in the Gulf of America

[~~Gulf of Mexico~~], including employment on an offshore drilling or

production facility or on a vessel, for a period of not less than 20

days during which the deadline prescribed by Subsection (a) passed,

and the property owner provides the appraisal review board with

evidence of that fact through submission of a letter from the

property owner's employer or supervisor or, if the property owner

is self-employed, a sworn affidavit.

SECTION 17.04. Section 156.2512(c)(1), Tax Code, is amended

to read as follows:

(1) "Eligible barrier island coastal municipality"

means a municipality:

(A) that borders on the Gulf of America [~~Gulf of~~

~~Mexico~~];

(B) that is located wholly or partly on a barrier

island; and

(i) includes an institution of higher

education that is part of the Texas Coastal Ocean Observation

Network under Section 33.065, Natural Resources Code;

(ii) includes a national estuarine research

reserve;

(iii) is located within 30 miles of the

United Mexican States; or

(iv) has a population of less than 10,000

and is located in a county with a population of at least 370,000

that is adjacent to a county with a population of at least

3,000,000.

SECTION 17.05. Section 156.252(a), Tax Code, is amended to

read as follows:

(a) In this section, "coastal county" means any county

adjacent to:

(1) the Gulf of America [~~Gulf of Mexico~~]; or

(2) Corpus Christi Bay.

SECTION 17.06. Section 321.101(g), Tax Code, is amended to

read as follows:

(g) For the purposes of Subsection (f), "territory" in a

municipality having a population of 5,000 or less and bordering on

the Gulf of America [~~Gulf of Mexico~~] does not include any area

covered by water and in which no person has a place of business to

which a sales tax permit issued under Subchapter F of Chapter 151

applies.

SECTION 17.07. Sections 351.001(3),(7), and (11), Tax Code,

are amended to read as follows:

(3) "Eligible coastal municipality" means:

(A) a home-rule municipality that borders on the

Gulf of America [~~Gulf of Mexico~~] and has a population of less than

80,000; or

(B) a municipality that borders on the Gulf of

America [~~Gulf of Mexico~~] and has a population of less than 1,500.

(7) "Eligible central municipality" means:

(A) a municipality with a population of more than

140,000 but less than 1.5 million that is located in a county with a

population of one million or more and that has adopted a capital

improvement plan for the construction or expansion of a convention

center facility;

(B) a municipality with a population of 250,000

or more that:

(i) is located wholly or partly on a barrier

island that borders the Gulf of America [~~Gulf of Mexico~~];

(ii) is located in a county with a

population of 300,000 or more; and

(iii) has adopted a capital improvement

plan to expand an existing convention center facility;

(11) "Eligible barrier island coastal municipality"

means a municipality:

(A) that borders on the Gulf of America [~~Gulf of~~

~~Mexico~~];

(B) that is located wholly on a barrier island;

and

of the United Mexican States.

SECTION 17.08. Section 351.003(c), Tax Code, is amended to

read as follows:

America [~~Gulf of Mexico~~] and has a population of more than 250,000

or in a municipality with a population of less than 5,000 adjacent

to a home-rule city with a population of less than 80,000 may not

exceed nine percent of the price paid for a room.

SECTION 17.09. Section 351.102(e), Tax Code, is amended to

read as follows:

(e) Subsection (b) applies only to:

(1) a municipality with a population of two million or

more;

(2) a municipality with a population of 700,000 or

more but less than 1.4 million;

(3) a municipality with a population of 350,000 or

more but less than 450,000 in which at least two professional sports

stadiums are located, each of which:

(A) has a seating capacity of at least 40,000

people; and

(B) was approved by the voters of the

municipality as a sports and community venue project under Chapter

334, Local Government Code; and

(4) a municipality with a population of less than

2,000 that:

(A) is located adjacent to a bay connected to the

Gulf of America [~~Gulf of Mexico~~];

(B) is located in a county with a population of

290,000 or more that is adjacent to a county with a population of

four million or more; and

SECTION 17.10. Section 351.1055(b), Tax Code, is amended to

read as follows:

(b) Notwithstanding any other provision of this chapter, a

home-rule municipality that borders on the Gulf of America [~~Gulf of~~

~~Mexico~~] and has a population of more than 250,000 may use all or any

portion of the revenue derived from the municipal hotel occupancy

tax from hotels in an area previously subject to a county hotel

occupancy tax and located on an island bordering the Gulf of America

[~~Gulf of Mexico~~] to clean and maintain public beaches in the

municipality.

SECTION 17.11. Section 351.1066(a), Tax Code, is amended to

read as follows:

(a) This section applies only to:

(1) a municipality with a population of at least 3,500

but less than 5,500 that is the county seat of a county with a

population of less than 50,000 that borders a county with a

population of more than 1.6 million;

(2) a municipality with a population of at least 2,800

but less than 3,500 that is the county seat of a county with a

population of less than 22,000 that is bordered by the Trinity River

and includes a state park and a portion of a wildlife management

area;

(3) a municipality with a population of at least 8,000

that is located in a county that borders the Pecos River and that

has a population of not more than 15,000;

(4) a municipality with a population of not more than

15,000 that is located in a county through which the Frio River

flows and an interstate highway crosses, and that has a population

of at least 15,000;

(5) a municipality with a population of not less than

7,500 that is located in a county with a population of not less than

40,000 but less than 250,000 that is adjacent to a county with a

population of less than 750;

(6) a municipality that is the county seat of a county

with a population of at least 8,500 and that county contains part of

the Chaparral Wildlife Management Area; and

(7) a municipality that has a population of not more

than 25,000, that contains a cultural heritage museum, and that is

located in a county that borders the United Mexican States and the

Gulf of America [~~Gulf of Mexico~~].

SECTION 17.12. Sections 351.107(a) and (e), Tax Code, are

amended to read as follows:

(a) This section applies only to a municipality that borders

on the Gulf of America [~~Gulf of Mexico~~] and has a population of more

than 250,000.

(e) Notwithstanding any other provision of this chapter, a

municipality to which this section applies may use all or any

portion of the revenue derived from the municipal hotel occupancy

tax from hotels in an area previously subject to a county hotel

occupancy tax and located on an island bordering the Gulf of America

[~~Gulf of Mexico~~] to clean and maintain public beaches in the

municipality.

SECTION 17.13. Section 351.10713(a), Tax Code, is amended

to read as follows:

(a) This section applies only to a municipality that is the

county seat of a county:

(1) that borders the Gulf of America [~~Gulf of Mexico~~];

and

(2) through which the Colorado River flows.

SECTION 17.14. Section 351.152, Tax Code, is amended to

read as follows:

Sec. 351.152. APPLICABILITY. This subchapter applies only

to:

(1) a municipality described by Section

351.001(7)(B);

(2) a municipality described by Section

351.001(7)(D);

(3) a municipality described by Section

351.001(7)(E);

(4) a municipality described by Section

351.102(e)(3);

(5) a municipality that contains more than 70 percent

of the population of a county with a population of 1.5 million or

more;

(6) a municipality with a population of 175,000 or

more but less than 200,000 that is partially located in at least one

county with a population of 125,000 or more;

(7) a municipality with a population of 250,000 or

more but less than one million that is located in one county with a

population of 2.5 million or more;

(8) a municipality with a population of 180,000 or

more that:

(A) is located in two counties, each with a

population of 100,000 or more; and

(B) contains an American Quarter Horse Hall of

Fame and Museum;

(9) a municipality with a population of 96,000 or more

that is located in a county that borders Lake Palestine;

(10) a municipality with a population of 96,000 or

more that is located in a county that contains the headwaters of the

San Gabriel River;

(11) a municipality with a population of at least

95,000 that is located in a county that is bisected by United States

Highway 385 and has a population of not more than 170,000;

(12) a municipality with a population of 110,000 or

more but less than 135,000 at least part of which is located in a

county with a population of less than 135,000;

(13) a municipality with a population of 28,000 or

more but less than 31,000 that is located in two counties, each of

which has a population of 900,000 or more and a southern border with

a county with a population of 2.5 million or more;

(14) a municipality with a population of 200,000 or

more but less than 300,000 that contains a component institution of

the Texas Tech University System;

(15) a municipality with a population of 95,000 or

more that:

(A) is located in more than one county; and

(B) borders Lake Lewisville;

(16) a municipality with a population of 45,000 or

more that:

(A) contains a portion of Cedar Hill State Park;

(B) is located in two counties, one of which has a

population of 2.5 million or more and one of which has a population

of 190,000 or more; and

the construction or expansion of a convention center facility;

(17) a municipality with a population of less than

10,000 that:

(A) is almost wholly located in a county with a

population of 900,000 or more that is adjacent to a county with a

population of 2.5 million or more;

(B) is partially located in a county with a

population of 2.1 million or more that is adjacent to a county with

a population of 2.5 million or more;

19th-century rock building in the municipality's downtown; and

(D) has a waterpark open to the public;

(18) a municipality with a population of 60,000 or

more that:

(A) borders Lake Ray Hubbard; and

(B) is located in two counties, one of which has a

population of less than 110,000;

(19) a municipality with a population of 110,000 or

more that:

(A) borders Clear Lake; and

(B) is primarily located in a county with a

population of less than 355,000;

(20) a municipality with a population of less than

2,000 that:

(A) is located adjacent to a bay connected to the

Gulf of America [~~Gulf of Mexico~~];

(B) is located in a county with a population of

290,000 or more that is adjacent to a county with a population of

four million or more; and

(21) a municipality with a population of 75,000 or

more that:

(A) is located wholly in one county with a

population of 800,000 or more that is adjacent to a county with a

population of four million or more; and

(B) has adopted a capital improvement plan for

the construction or expansion of a convention center facility;

(22) a municipality with a population of less than

70,000 that is located in three counties, at least one of which has

a population of four million or more;

(23) an eligible coastal municipality with a

population of 2,900 or more but less than 5,000;

(24) a municipality with a population of 90,000 or

more but less than 150,000 that:

(A) is located in three counties; and

(B) contains a branch campus of a component

institution of the University of Houston System;

(25) a municipality that is:

(A) primarily located in a county with a

population of four million or more; and

(B) connected by a bridge to a municipality

described by Subdivision (20);

(26) a municipality with a population of 25,000 or

more but less than 30,000 that:

(A) contains a portion of Mustang Bayou; and

(B) is wholly located in a county with a

population of less than 500,000;

(27) a municipality with a population of 70,000 or

more but less than 90,000 that is located in two counties, one of

which has a population of four million or more and the other of

which has a population of less than 50,000;

(28) a municipality with a population of 10,000 or

more that:

(A) is wholly located in a county with a

population of four million or more; and

(B) has a city hall located less than three miles

from a space center operated by an agency of the federal government;

(29) a municipality that is the county seat of a

county:

(A) through which the Pedernales River flows; and

(B) in which the birthplace of a president of the

United States is located;

(30) a municipality that contains a portion of U.S.

Highway 79 and State Highway 130;

(31) a municipality with a population of 70,000 or

more but less than 115,000 that is located in two counties, one of

which has a population of 1.1 million or more but less than 1.9

million;

(32) a municipality with a population of less than

25,000 that contains a museum of Western American art;

(33) a municipality with a population of 50,000 or

more that is the county seat of a county that contains a portion of

the Sam Houston National Forest;

(34) a municipality with a population of less than

25,000 that:

(A) contains a cultural heritage museum; and

(B) is located in a county that borders the

United Mexican States and the Gulf of America [~~Gulf of Mexico~~];

(35) a municipality that is the county seat of a county

that:

(A) has a population of 115,000 or more;

(B) is adjacent to a county with a population of

2.1 million or more; and

(36) a municipality that is the county seat of a county

that:

(A) has a population of 800,000 or more; and

(B) is adjacent to a county with a population of

four million or more;

(37) a municipality with a population of less than

10,000 that:

(A) contains a component university of The Texas

A&M University System; and

(B) is located in a county adjacent to a county

that borders Oklahoma;

(38) a municipality with a population of less than

17,000 that:

(A) is located in two counties, each of which has

a population of 900,000 or more but less than two million; and

(B) hosts an annual Cajun Festival;

(39) a municipality with a population of 13,000 or

more that:

(A) is located on an international border; and

(B) is located in a county:

(i) with a population of less than 400,000;

and

(ii) in which at least one World Birding

Center site is located;

(40) a municipality with a population of 3,200 or more

that:

(A) is located on an international border; and

(B) is located not more than five miles from a

state historic site that serves as a visitor center for a state park

that contains 300,000 or more acres of land;

(41) a municipality with a population of 36,000 or

more that is adjacent to at least two municipalities described by

Subdivision (15);

(42) a municipality with a population of 28,000 or

more that is located in a county with a population of 240,000 or

more that contains a portion of the Blanco River and in which is

located a historic railroad depot and heritage center;

(43) a municipality located in a county that has a

population of not more than 300,000 and in which a component

university of the University of Houston System is located;

(44) a municipality with a population of less than

500,000 that is:

(A) located in two counties; and

(B) adjacent to a municipality described by

Subdivision (31);

(45) a municipality that:

(A) has a population of more than 67,000; and

(B) is located in two counties with 90 percent of

the municipality's territory located in a county with a population

of at least 800,000, and the remaining territory located in a county

with a population of at least four million;

(46) a municipality that:

(A) has a population of 100,000 or more; and

(B) is wholly located in, but is not the county

seat of, a county with a population of one million or more:

(i) in which all or part of a municipality

with a population of one million or more is located; and

(ii) that is adjacent to a county with a

population of 2.5 million or more;

(47) a municipality that is the county seat of a county

bordering the Gulf of America [~~Gulf of Mexico~~] and the United

Mexican States;

(48) a municipality that is bisected by the Guadalupe

River and is the county seat of a county with a population of

170,000 or more;

(49) a municipality with a population of 70,000 or

more but less than 150,000 that borders Joe Pool Lake;

(50) a municipality with a population of 115,000 or

more that borders the Neches River;

(51) a municipality described by Section 351.101(k);

(52) a municipality that is the county seat of a

county:

(A) through which the Brazos River flows; and

(B) in which a national monument is located;

(53) a municipality with a population of 45,000 or

more that:

(A) is not the county seat of a county;

(B) is located in a single county; and

(54) a municipality that is the county seat of a county

with a population of more than 900,000 that is adjacent to two

counties, each of which has a population of more than 1.8 million;

(55) a municipality that hosts an annual wine festival

and is located in three counties, each of which has a population of

more than 900,000;

(56) a municipality that has a population of at least

150,000 but less than 1,300,000 and is partially located in a county

that contains a portion of Cedar Creek Reservoir;

(57) a municipality that is located in a county that

contains a portion of Cedar Creek Reservoir and in which a private

college is located;

(58) a municipality that is the county seat of a

county:

(A) with a population of one million or more;

(B) in which all or part of a municipality with a

population of one million or more is located; and

population of 2.5 million or more;

(59) a municipality that is the county seat of a county

that contains a portion of Cedar Creek Reservoir and borders a

county with a population of more than 240,000;

(60) a municipality with a population of more than

80,000 but less than 150,000 that is located in a county with a

population of more than 369,000 but less than 864,000 that contains

part of an active duty United States Army installation;

(61) a municipality with a population of 750,000 or

more that is located in a county with a population of 1.5 million or

less;

(62) a municipality with a population of less than

7,000 that contains a country music hall of fame;

(63) a municipality with a population of 35,000 or

more that contains a railroad museum and is located in a county

that:

(A) has a population of 800,000 or more; and

(B) is adjacent to a county with a population of

four million or more; and

(64) a municipality:

(A) that is the county seat of a county:

(i) with a population of 60,000 or less; and

(ii) that borders the Rio Grande; and

(B) in which is located a United States military

fort listed in the National Register of Historic Places.

SECTION 17.15. Section 352.002(a), Tax Code, is amended to

read as follows:

(a) The commissioners courts of the following counties by

the adoption of an order or resolution may impose a tax on a person

who, under a lease, concession, permit, right of access, license,

contract, or agreement, pays for the use or possession or for the

right to the use or possession of a room that is in a hotel, costs $2

or more each day, and is ordinarily used for sleeping:

(1) a county that has a population of more than 3.3

million;

(2) a county that has a population of 90,000 or more,

borders the United Mexican States, does not border the Gulf of

America [~~Gulf of Mexico~~], and does not have four or more cities that

each have a population of more than 25,000;

(3) a county in which there is no municipality;

(4) a county in which there is located an Indian

reservation under the jurisdiction of the United States government;

(5) a county that has a population of 30,000 or less,

that has no more than one municipality with a population of less

than 2,500, and that borders two counties located wholly in the

Edwards Aquifer Authority established by Chapter 626, Acts of the

73rd Legislature, Regular Session, 1993;

(6) a county that borders the Gulf of America [~~Gulf of~~

~~Mexico~~];

(7) a county that has a population of less than 5,000,

that borders the United Mexican States, and in which there is

located a major observatory;

(8) a county that has a population of 12,000 or less

and borders the Toledo Bend Reservoir;

(9) a county that has a population of less than 12,500

and an area of less than 275 square miles and does not border a

county that borders Arkansas and Louisiana;

(10) a county that has a population of 30,000 or less

and borders Possum Kingdom Lake;

(11) a county that borders a county with a population

of more than 300,000 and the United Mexican States and has a

population of more than 300,000 and less than 900,000;

(12) a county that has a population of 35,000 or more

and borders or contains a portion of Lake Fork Reservoir;

(13) a county that borders the United Mexican States

and in which there is located a national recreation area;

(14) a county that borders the United Mexican States

and in which there is located a national park of more than 400,000

acres;

(15) a county that has a population of 28,000 or less,

that has no more than four municipalities, and that is located

wholly in the Edwards Aquifer Authority established by Chapter 626,

Acts of the 73rd Legislature, Regular Session, 1993;

(16) a county that has a population of 25,000 or less,

whose territory is less than 750 square miles, and that has two

incorporated municipalities, each with a population of 800 or less,

at least one of which is located on the Frio River;

(17) a county that has a population of 34,000 or more

and borders Lake Buchanan;

(18) a county that has a population of more than 45,000

and less than 75,000, that borders the United Mexican States, and

that borders or contains a portion of Falcon Lake;

(19) a county with a population of 22,000 or less that

borders the Neches River and in which there is located a national

preserve;

(20) a county that has a population of 28,000 or less

and that borders or contains a portion of Lake Livingston;

(21) a county through which the Pedernales River flows

and in which the birthplace or the childhood home of a president of

the United States is located;

(22) a county that has a population of 35,000 or less

and borders Lake Buchanan;

(23) a county with a population of less than 11,000

that is bordered by the Sulphur River;

(24) a county that has a population of 16,000 or more

and borders the entire north shore of Lake Somerville;

(25) a county that has a population of 20,000 or less

and that is bordered by the Brazos and Navasota Rivers;

(26) a county that has a population of more than 15,000

and less than 25,000 and is located on the Trinity and Navasota

Rivers;

(27) a county that has a population of less than 15,000

and that is bordered by the Trinity and Navasota Rivers;

(28) a county that borders or contains a portion of the

Neches River, the Sabine River, and Sabine Lake; and

(29) a county that borders Whitney Lake.

SECTION 17.16. Section 352.003(f), Tax Code, is amended to

read as follows:

(f) The tax rate in a county that borders the Gulf of America

[~~Gulf of Mexico~~], has a population of more than 200,000, and borders

the Neches River may not exceed two percent of the price paid for a

room in a hotel in the county.

SECTION 17.17. Section 352.1033, Tax Code, is amended to

read as follows:

Sec. 352.1033. USE OF REVENUE; COUNTIES BORDERING THE GULF

OF AMERICA [~~GULF OF MEXICO~~]. (a) Subject to Subsection (c), the

revenue from a tax imposed under this chapter by a county that

borders the Gulf of America [~~Gulf of Mexico~~] authorized to impose

the tax by Section 352.002(a)(6) may be used only to:

(1) clean public beaches;

(2) acquire, furnish, or maintain facilities,

including parks, that enhance public access to beaches;

(3) provide and maintain public restrooms on or

adjacent to beaches or beach access facilities;

(4) provide and maintain litter containers on or

adjacent to beaches or beach access facilities;

(5) create, renovate, promote, and maintain parks

adjacent to bays, rivers, and other navigable waterways if the

county does not operate a public beach on the Gulf of America [~~Gulf~~

~~of Mexico~~];

(6) advertise and conduct solicitations and

promotional programs to attract tourists and convention delegates

or registrants to the county or its vicinity, any of which may be

conducted by the county or through contracts with persons or

organizations selected by the county;

(7) acquire a site for and construct, improve,

enlarge, equip, repair, operate, and maintain a visitor information

center; and

(8) encourage, promote, and improve historical

preservation and restoration efforts.

(b) A county that borders the Gulf of America [~~Gulf of~~

~~Mexico~~] and that is authorized to impose the tax by Section

352.002(a)(6) may use 50 percent or less of the revenue from the tax

for the promotion of tourism.

county authorized to impose a tax under this chapter by Section

352.002(a)(6) that has a population of 50,000 or less and in which

there is located at least one national wildlife refuge may use the

revenue from the tax to:

(1) acquire, construct, furnish, or maintain

facilities, such as aquariums, birding centers and viewing sites,

history and art centers, and nature centers and trails;

(2) advertise and conduct solicitations and

promotional programs to attract conventions and visitors; and

(3) provide and maintain public restrooms and litter

containers on public land in an area that is a tourism venue.

(d) The limitation prescribed by Subsection (b) does not

apply to the use of revenue from a tax imposed under this chapter by

a county to which Subsection (c) applies.

ARTICLE 18. UTILITIES CODE PROVISIONS

SECTION 18.01. Section 39.9016, Utilities Code, is amended

to read as follows:

Sec. 39.9016. NUCLEAR SAFETY FEE. An electric utility that

operates a nuclear asset located in a county on the coast of the

Gulf of America [~~Gulf of Mexico~~] shall pay a nuclear safety fee for

the year 2000 and the year 2001 to each taxing unit in which the

nuclear asset is located, other than a school district, in an amount

equal to the difference between the ad valorem taxes imposed by the

taxing unit in 1999 and the amount of ad valorem taxes imposed by

the unit in the year for which the fee is due, except that the amount

of the fee may not exceed one-half the taxes imposed on the asset by

the unit in 1999. The nuclear safety fee shall be considered a tax

or fee under Section 39.258(5).

ARTICLE 19. WATER CODE PROVISIONS

SECTION 19.01. Section 11.002(11), Water Code, is amended

to read as follows:

(11) "River basin" means a river or coastal basin

designated by the board as a river basin under Section 16.051. The

term does not include waters originating in the bays or arms of the

Gulf of America [~~Gulf of Mexico~~].

SECTION 19.02. Section 11.021(a), Water Code, is amended to

read as follows:

(a) The water of the ordinary flow, underflow, and tides of

every flowing river, natural stream, and lake, and of every bay or

arm of the Gulf of America [~~Gulf of Mexico~~], and the storm water,

floodwater, and rainwater of every river, natural stream, canyon,

ravine, depression, and watershed in the state is the property of

the state.

SECTION 19.03. Section 11.023(f), Water Code, is amended to

read as follows:

(f) The water of any arm, inlet, or bay of the Gulf of

America [~~Gulf of Mexico~~] may be changed from salt water to sweet or

fresh water and held or stored by dams, dikes, or other structures

and may be taken or diverted for any purpose authorized by this

chapter.

SECTION 19.04. Section 11.050(a), Water Code, is amended to

read as follows:

(a) An appropriator authorized to take water for

irrigation, subject to the laws of the United States and the

regulations made under its authority, may construct gates or

breakwaters, dams, or dikes with gates, in waters wholly in this

state, as necessary to prevent pollution of the fresh water of any

river, bayou, or stream due to the ebb and flow of the tides of the

Gulf of America [~~Gulf of Mexico~~].

SECTION 19.05. Section 11.0871(a), Water Code, is amended

to read as follows:

(a) The commission may authorize, under conditions stated

in an order, a watermaster to provide for the temporary diversion

and use by holders of water rights of storm water or floodwater that

spills from dams and reservoirs on an international stream and

otherwise would flow into the Gulf of America [~~Gulf of Mexico~~]

without opportunity for beneficial use.

SECTION 19.06. Sections 11.1405(a) and (b), Water Code, are

amended to read as follows:

(a) The commission may issue a permit under this section to

authorize a diversion of state water from the Gulf of America [~~Gulf~~

~~of Mexico~~] or a bay or arm of the Gulf of America [~~Gulf of Mexico~~]

for desalination and use for industrial purposes if:

(1) the point of diversion is located less than three

miles seaward of any point located on the coast of this state; or

(2) the seawater contains a total dissolved solids

concentration based on a yearly average of samples taken monthly at

the water source of less than 20,000 milligrams per liter.

(b) A person may divert state water from the Gulf of America

[~~Gulf of Mexico~~] or a bay or arm of the Gulf of America [~~Gulf of~~

~~Mexico~~] for desalination and use for industrial purposes without

obtaining a permit if Subsection (a) does not apply.

SECTION 19.07. Section 11.142(c), Water Code, is amended to

read as follows:

producing petroleum and conducting operations associated with

drilling and producing petroleum may take for those purposes state

water from the Gulf of America [~~Gulf of Mexico~~] and adjacent bays

and arms of the Gulf of America [~~Gulf of Mexico~~] in an amount not to

exceed one acre-foot during each 24-hour period.

SECTION 19.08. Section 11.1421(b), Water Code, is amended

to read as follows:

(b) Without obtaining a permit and subject to the

requirements and limitations provided by Subsections (c) through

(e) of this section, a person who is engaged in mariculture

operations on land may take for that purpose state water from the

Gulf of America [~~Gulf of Mexico~~] and adjacent bays and arms of the

Gulf of America [~~Gulf of Mexico~~] in an amount appropriate to those

mariculture activities.

SECTION 19.09. Section 11.3271(h), Water Code, is amended

to read as follows:

(h) Before granting a permit to convey water down the banks

and bed of the Rio Grande, the commission shall adopt rules that

provide for the methods and procedures by which the watermaster

shall account for any discharge, delivery, conveyance, storage,

diversion, or associated loss of water conveyed down the banks and

bed of the Rio Grande. A permit to convey water down the banks and

bed of the Rio Grande may not allow the permit holder to share in any

beneficial state water inflows into the Rio Grande. The permit

holder is entitled to convey only the amount of water specified in

the permit, less the carriage losses incurred in transit, as

described and measured according to commission rules. A rule

adopted by the commission under this subsection must be consistent

with the Treaty Relating to the Utilization of the Waters of the

Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from

Fort Quitman, Texas, to the Gulf of America [~~Gulf of Mexico~~],

concluded by the United States and the United Mexican States on

February 3, 1944, and with any minute order adopted by the

International Boundary and Water Commission.

SECTION 19.10. Section 13.245(c-5), Water Code, is amended

to read as follows:

(c-5) Subsections (c-1), (c-2), (c-3), and (c-4) do not

apply to:

(1) a county that borders the United Mexican States

and the Gulf of America [~~Gulf of Mexico~~] or a county adjacent to

such a county;

(2) a county with a population of more than 30,000 and

less than 36,000 that borders the Red River; or

(3) a county with a population of more than 100,000 and

less than 200,000 that borders a county described by Subdivision

(2).

SECTION 19.11. Section 13.2451(b-1), Water Code, is amended

to read as follows:

(b-1) Subsection (b) does not apply to an extension of

extraterritorial jurisdiction in a county that borders the United

Mexican States and the Gulf of America [~~Gulf of Mexico~~] or a county

adjacent to such a county.

SECTION 19.12. Section 13.254(a-9), Water Code, is amended

to read as follows:

(a-9) Subsection (a-8) does not apply to a county that

borders the United Mexican States and the Gulf of America [~~Gulf of~~

~~Mexico~~] or a county adjacent to a county that borders the United

Mexican States and the Gulf of America [~~Gulf of Mexico~~].

SECTION 19.13. Section 16.053(e), Water Code, is amended to

read as follows:

(e) Each regional water planning group shall submit to the

development board a regional water plan that:

(1) is consistent with the guidance principles for the

state water plan adopted by the development board under Section

16.051(d);

(2) provides information based on data provided or

approved by the development board in a format consistent with the

guidelines provided by the development board under Subsection (d);

(2-a) is consistent with the desired future conditions

adopted under Section 36.108 for the relevant aquifers located in

the regional water planning area as of the most recent deadline for

the board to adopt the state water plan under Section 16.051 or, at

the option of the regional water planning group, established

subsequent to the adoption of the most recent plan; provided,

however, that if no groundwater conservation district exists within

the area of the regional water planning group, the regional water

planning group shall determine the supply of groundwater for

regional planning purposes; the Texas Water Development Board shall

review and approve, prior to inclusion in the regional water plan,

that the groundwater supply for the regional planning group without

a groundwater conservation district in its area is physically

compatible, using the board's groundwater availability models,

with the desired future conditions adopted under Section 36.108 for

the relevant aquifers in the groundwater management area that are

regulated by groundwater conservation districts;

(3) identifies:

(A) each source of water supply in the regional

water planning area, including information supplied by the

executive administrator on the amount of modeled available

groundwater in accordance with the guidelines provided by the

development board under Subsections (d) and (f);

(B) factors specific to each source of water

supply to be considered in determining whether to initiate a

drought response;

(D) existing major water infrastructure

facilities that may be used for interconnections in the event of an

emergency shortage of water; and

(E) unnecessary or counterproductive variations

in specific drought response strategies, including outdoor

watering restrictions, among user groups in the regional water

planning area that may confuse the public or otherwise impede

drought response efforts;

(4) has specific provisions for water management

strategies to be used during a drought of record;

(5) includes but is not limited to consideration of

the following:

(A) any existing water or drought planning

efforts addressing all or a portion of the region and potential

impacts on public health, safety, or welfare in this state;

(B) approved groundwater conservation district

management plans and other plans submitted under Section 16.054;

strategies, including but not limited to improved conservation,

reuse, and management of existing water supplies, conjunctive use,

acquisition of available existing water supplies, and development

of new water supplies;

(D) protection of existing water rights in the

region;

(E) opportunities for and the benefits of

developing regional water supply facilities or providing regional

management of water supply facilities;

(F) appropriate provision for environmental

water needs and for the effect of upstream development on the bays,

estuaries, and arms of the Gulf of America [~~Gulf of Mexico~~] and the

effect of plans on navigation;

(G) provisions in Section 11.085(k)(1) if

interbasin transfers are contemplated;

(H) voluntary transfer of water within the region

using, but not limited to, regional water banks, sales, leases,

options, subordination agreements, and financing agreements;

(I) emergency transfer of water under Section

11.139, including information on the part of each permit, certified

filing, or certificate of adjudication for nonmunicipal use in the

region that may be transferred without causing unreasonable damage

to the property of the nonmunicipal water rights holder; and

(J) opportunities for and the benefits of

developing large-scale desalination facilities for:

(i) marine seawater that serve local or

regional entities; and

(ii) brackish groundwater that serve local

or regional brackish groundwater production zones identified and

designated under Section 16.060(b)(5);

(6) identifies river and stream segments of unique

ecological value and sites of unique value for the construction of

reservoirs that the regional water planning group recommends for

protection under Section 16.051;

(7) assesses the impact of the plan on unique river and

stream segments identified in Subdivision (6) if the regional water

planning group or the legislature determines that a site of unique

ecological value exists;

(8) describes the impact of proposed water projects on

water quality;

(9) includes information on:

(A) projected water use and conservation in the

regional water planning area;

(B) the implementation of state and regional

water plan projects, including water conservation strategies,

necessary to meet the state's projected water demands; and

including reservoirs, interstate water transfers, innovative

technology projects, desalination plants, and other large projects

as determined by the board, including information regarding:

(i) expenditures of sponsor money;

(ii) permit applications, including the

status of a permit application; and

(iii) status updates on the phase of

construction of a project;

(10) if the regional water planning area has

significant identified water needs, provides a specific assessment

of the potential for aquifer storage and recovery projects to meet

those needs;

(11) sets one or more specific goals for gallons of

water use per capita per day in each decade of the period covered by

the plan for the municipal water user groups in the regional water

planning area; and

(12) assesses the progress of the regional water

planning area in encouraging cooperation between water user groups

for the purpose of achieving economies of scale and otherwise

incentivizing strategies that benefit the entire region.

SECTION 19.14. Section 16.321, Water Code, is amended to

read as follows:

Sec. 16.321. COASTAL FLOODING. The Commissioner of the

General Land Office shall adopt and enforce reasonable rules and

regulations necessary for protection from flooding on barrier

islands, peninsulas, and mainland areas fronting on the Gulf of

America [~~Gulf of Mexico~~]. Rules and regulations adopted pursuant

to this section shall be limited to those matters that political

subdivisions are authorized to address under Section 16.315 of this

code. Except as otherwise provided by this section, all actions

taken by political subdivisions under Section 16.315 of this code

with respect to flooding on barrier islands, peninsulas, and

mainland areas fronting on the Gulf of America [~~Gulf of Mexico~~] must

comply with rules and regulations adopted by the commissioner under

this section. A political subdivision may adopt rules that are more

stringent than those adopted by the commissioner under this

section, provided the stricter provisions are intended to ensure

compliance with the National Flood Insurance Program's rules,

regulations, and policies.

SECTION 19.15. Section 18.001(2) Water Code, is amended to

read as follows:

(2) "Marine seawater" means water that is derived from

the Gulf of America [~~Gulf of Mexico~~].

SECTION 19.16. Section 18.003(i) Water Code, is amended to

read as follows:

(i) The Parks and Wildlife Department and the General Land

Office jointly shall conduct a study to identify zones in the Gulf

of America [~~Gulf of Mexico~~] that are appropriate for the diversion

of marine seawater, taking into account the need to protect marine

organisms. Not later than September 1, 2018, the Parks and Wildlife

Department and the General Land Office shall submit a report on the

results of the study to the commission. The report must include

recommended diversion zones for designation by the commission and

recommendations for the number of points from which, and the rate at

which, a facility may divert marine seawater. Not later than

September 1, 2020, the commission by rule shall designate

appropriate diversion zones. A diversion zone may be contiguous

to, be the same as, or overlap a discharge zone. The point or points

from which a facility may divert marine seawater must be located in

a diversion zone designated by the commission under rules adopted

under this subsection if:

(1) the facility is authorized by a permit as required

by Subsection (a) issued after the rules are adopted; or

(2) the facility is exempt under Subsection (b) from

the requirement of a permit and construction of the facility begins

after the rules are adopted.

SECTION 19.17. Sections 18.005(c), (d), and (g), Water

Code, are amended to read as follows:

(1) treated marine seawater into a natural stream in

this state or a lake, reservoir, or other impoundment in this state;

(2) waste resulting from the desalination of treated

marine seawater into the Gulf of America [~~Gulf of Mexico~~].

(d) A person shall:

(1) treat marine seawater so as to meet standards that

are at least as stringent as the water quality standards adopted by

the commission applicable to the receiving stream or impoundment

before discharging the seawater under this section; and

(2) comply with all applicable state and federal

requirements when discharging waste resulting from the

desalination of marine seawater into the Gulf of America [~~Gulf of~~

~~Mexico~~].

(g) The Parks and Wildlife Department and the General Land

Office jointly shall conduct a study to identify zones in the Gulf

of America [~~Gulf of Mexico~~] that are appropriate for the discharge

of waste resulting from the desalination of marine seawater, taking

into account the need to protect marine organisms. Not later than

September 1, 2018, the Parks and Wildlife Department and the

General Land Office shall submit a report on the results of the

study to the commission. The report must include recommended

discharge zones for designation by the commission. Not later than

September 1, 2020, the commission by rule shall designate

appropriate discharge zones. The point at which a facility may

discharge waste resulting from the desalination of marine seawater

must be located in a discharge zone designated by the commission

under rules adopted under this subsection if the facility is

authorized by a permit issued under Subsection (c)(2) after the

rules are adopted.

SECTION 19.18. Section 26.001(5), Water Code, is amended to

read as follows:

(5) "Water" or "water in the state" means groundwater,

percolating or otherwise, lakes, bays, ponds, impounding

reservoirs, springs, rivers, streams, creeks, estuaries, wetlands,

marshes, inlets, canals, the Gulf of America [~~Gulf of Mexico~~],

inside the territorial limits of the state, and all other bodies of

surface water, natural or artificial, inland or coastal, fresh or

salt, navigable or nonnavigable, and including the beds and banks

of all watercourses and bodies of surface water, that are wholly or

partially inside or bordering the state or inside the jurisdiction

of the state.

SECTION 19.19. Sections 26.0272(b) and (c), Water Code, are

amended to read as follows:

(b) The commission may issue a permit for the discharge of

water treatment residuals from the desalination of seawater into

the portion of the Gulf of America [~~Gulf of Mexico~~] inside the

territorial limits of the state.

commission must evaluate the discharge of water treatment residuals

from the desalination of seawater into the Gulf of America [~~Gulf of~~

~~Mexico~~] for compliance with the state water quality standards

adopted by the commission, the requirements of the Texas Pollutant

Discharge Elimination System program, and applicable federal law.

SECTION 19.20. Section 26.044(a)(4), Water Code, is amended

to read as follows:

(4) "Surface water in the state" means all lakes,

bays, ponds, impounding reservoirs, springs, rivers, streams,

creeks, estuaries, marshes, inlets, canals, the Gulf of America

[~~Gulf of Mexico~~] out three nautical miles into the Gulf, and all

other bodies of surface water, natural or artificial, inland or

coastal, fresh or salt, navigable or nonnavigable, and including

the beds and banks of all watercourses and bodies of surface water,

that are wholly or partially inside or bordering the state or inside

the jurisdiction of the state, except waters beyond three nautical

miles of any shore in the state.

SECTION 19.21. Section 27.040, Water Code, is amended to

read as follows:

Sec. 27.040. DEFINITION. In this subchapter, "offshore"

means the area in the Gulf of America [~~Gulf of Mexico~~] seaward of

the coast that is within three marine leagues of the coast.

SECTION 19.22. Section 28.001(4), Water Code, is amended to

read as follows:

(4) "Water" or "water in the state" means groundwater,

percolating or otherwise, lakes, bays, ponds, impounding

reservoirs, springs, rivers, streams, creeks, estuaries, marshes,

inlets, canals, the Gulf of America [~~Gulf of Mexico~~] inside the

territorial limits of the state, and all other bodies of natural and

artificial surface water that is inland or coastal, fresh or salt,

and navigable or nonnavigable, and includes the beds and banks of

all watercourses and bodies of surface water, that are wholly or

partially inside or bordering the state or inside the jurisdiction

of the state.

SECTION 19.23. Section 31.001(11), Water Code, is amended

to read as follows:

(11) "Water" or "water in the state" means

groundwater, percolating or otherwise, lakes, bays, ponds,

impounding reservoirs, springs, rivers, streams, creeks,

estuaries, marshes, inlets, canals, the Gulf of America [~~Gulf of~~

~~Mexico~~] inside the territorial limits of the state, and all other

bodies of natural and artificial surface water that are inland or

coastal, fresh or salt, and navigable or nonnavigable and includes

the beds and banks of all watercourses and bodies of surface water

that are wholly or partially inside or bordering the state or inside

the jurisdiction of the state.

SECTION 19.24. Section 36.001(23), Water Code, is amended

to read as follows:

(23) "River basin" means a river or coastal basin

designated as a river basin by the board under Section 16.051. The

term does not include waters of the bays or arms originating in the

Gulf of America [~~Gulf of Mexico~~].

SECTION 19.25. Section 49.2127(b), Water Code, is amended

to read as follows:

(b) This section applies only to a district whose territory

is located wholly or partly in a county:

(1) located on the Gulf of America [~~Gulf of Mexico~~] and

an international border; or

(2) adjacent to a county described by Subdivision (1).

SECTION 19.26. Section 49.502, Water Code, is amended to

read as follows:

Sec. 49.502. APPLICABILITY. This subchapter applies only

to a district, other than a drainage district, located wholly or

partly in a county:

(1) that borders the Gulf of America [~~Gulf of Mexico~~]

and the United Mexican States; or

(2) that is adjacent to a county described by

Subdivision (1).

SECTION 19.27. Section 54.235, Water Code, is amended to

read as follows:

Sec. 54.235. AUTHORITY TO CONTRACT. Any district created

by general law or special act of the legislature in existence for at

least 10 years which lies within a county that borders on the Gulf

of America [~~Gulf of Mexico~~] and that has a population of 190,000 and

which has the powers of this chapter and which also has or is

authorized to acquire road utility district powers pursuant to

Section 54.234, of this code, may contract with the county within

which it is located with respect to the ownership, maintenance, and

operation of any facilities or improvements which such district is

authorized or may be authorized to acquire by purchase, gift,

lease, or otherwise, except by condemnation, any and all property

or interests in property, whether real, personal, or mixed,

tangible or intangible, located inside or outside such county, that

are found to be necessary for such improvements or facilities. Such

county may enter into contracts with such districts as permitted by

this section for any term of years not exceeding 40 for the

management and operation of any or all of such property and

interests in property on such terms as the commissioners court of

such county deems appropriate.

SECTION 19.28. Section 60.039(c), Water Code, is amended to

read as follows:

a port in this state that is wholly located in a county that borders

the Gulf of America [~~Gulf of Mexico~~] and that is adjacent to a

county that contains an international border and borders the Gulf

of America [~~Gulf of Mexico~~]. The district may lease the surface of

land for not more than 99 years or may extend a lease to a period not

to exceed 99 years only if:

(1) the lease conveys an interest in the surface of the

land for residential purposes only;

(2) at the time the lease will be entered into or

extended, the district has not less than 50 leases in effect that

convey an interest in the land surface for residential purposes

only; and

(3) any part of the land owned by the district is

subdivided into lots intended for residential use.

SECTION 19.29. Section 61.151(a), Water Code, is amended to

read as follows:

(a) A district created for the development of deep-water

navigation which includes a city with a population of more than

100,000, according to the last preceding federal census, may

operate and develop ports and waterways inside the district and

extending to the Gulf of America [~~Gulf of Mexico~~].

SECTION 19.30. Section 63.156(a), Water Code, is amended to

read as follows:

(a) The district may exercise the power of eminent domain to

condemn and acquire the right-of-way over and through any public or

private land necessary to improve any river, bay, creek, or arm of

the Gulf of America [~~Gulf of Mexico~~] for the construction and

maintenance of any canal or waterway and for any other purpose

authorized by this chapter.

SECTION 19.31. Section 63.157, Water Code, is amended to

read as follows:

Sec. 63.157. AUTHORITY OVER IMPROVEMENTS. A district may

acquire, purchase, take over, construct, maintain, operate,

develop, and regulate wharves, docks, warehouses, grain elevators,

bunkering facilities, belt railroads, floating plants, literage,

lands, towing facilities, and all other facilities or aids incident

to or necessary to the operation or development of ports or

waterways inside the district extending to the Gulf of America

[~~Gulf of Mexico~~].

ARTICLE 20. EFFECTIVE DATE

SECTION 20.01. This Act takes effect immediately if it

receives a vote of two-thirds of all members elected to each house,

as provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect on September 1, 2025.