NATURAL RESOURCES CODE
CHAPTER 33. MANAGEMENT OF COASTAL PUBLIC LAND
SUBCHAPTER A. GENERAL PROVISIONS
§ 33.001. POLICY. (a) The surface estate in the
coastal public land of this state constitutes an important and
valuable asset dedicated to the permanent school fund and to all the
people of Texas, and it is the declared policy of this state that
the estate be managed pursuant to the policies stated in the
following subsections of this section.
(b) The natural resources of the surface estate in coastal
public land shall be preserved. These resources include the
natural aesthetic values of those areas and the value of the areas
in their natural state for the protection and nurture of all types
of marine life and wildlife.
(c) Uses which the public at large may enjoy and in which the
public at large may participate shall take priority over those uses
which are limited to fewer individuals.
(d) The public interest in navigation in the intracoastal
water shall be protected.
(e) Unauthorized use of coastal public land shall be
prevented.
(f) Utilization and development of the surface estate in the
coastal public land shall not be allowed unless the public interest
as expressed by this chapter is not significantly impaired by it.
(g) For the purposes of this chapter, the surface estate in
coastal public land shall not be alienated except by the granting of
leaseholds and lesser interests and by exchanges of coastal public
land for littoral property as provided in this chapter.
(h) Vested rights in land shall be protected, subject to the
paramount authority of the state in the exercise of police powers to
regulate the exercise of these rights, and the orderly use of
littoral property in a manner consistent with the public policy of
this state shall not be impaired.
Acts 1977, 65th Leg., p. 2382, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.002. PURPOSE. The purpose of this chapter is to
implement the policies stated in Section 33.001 of this code by
delegating to the board, assisted by the planning division and
other staff of the land office, certain responsibilities and duties
with respect to the management of the surface estate in coastal
public land.
Acts 1977, 65th Leg., p. 2383, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.003. SHORT TITLE. This chapter may be cited as the
Coastal Public Lands Management Act of 1973.
Acts 1977, 65th Leg., p. 2383, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.004. DEFINITIONS. In this chapter:
(1) "Land office" means the General Land Office.
(2) "Commissioner" means the Commissioner of the
General Land Office.
(3) "Board" means the School Land Board.
(4) "Person" means any individual, firm, partnership,
association, corporation which is public or private and profit or
nonprofit, trust, or political subdivision or agency of the state.
(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 Mexico within the jurisdiction of the State of Texas.
(6) "Coastal public land" means all or any portion of
state-owned submerged land, the water overlying that land, and all
state-owned islands or portions of islands in the coastal area.
(7) "Island" means any body of land surrounded by the
water of a saltwater lake, bay, inlet, estuary, or inland body of
water within the tidewater limits of this state and shall include
man-made islands resulting from dredging or other operations.
(8) "Management program" means the coastal management
program provided by this chapter.
(9) "Seaward" means the direction away from the shore
and toward the body of water bounded by the shore.
(10) "Structure" means any structure, work, or
improvement constructed on, affixed to, or worked on coastal public
land, including fixed or floating piers, wharves, docks, jetties,
groins, breakwaters, artificial reefs, fences, posts, retaining
walls, levees, ramps, cabins, houses, shelters, landfills,
excavations, land canals, channels, and roads.
(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 Mexico and the land lying beneath this water.
(12) "Littoral owner," in this chapter only, means the
owner of any public or private upland bordered by or contiguous to
coastal public land.
(13) "Council" means the Coastal Coordination
Council.
(14) "Coastal zone" means the portion of the coastal
area located within the boundaries established by the coastal
management program under Section 33.053(a)(1).
Acts 1977, 65th Leg., p. 2383, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1995, 74th Leg., ch. 416, § 1, eff. June 8,
1995.
§ 33.005. EFFECT OF CHAPTER. (a) This subchapter does
not repeal Subchapter B, Chapter 436, Health and Safety Code, or the
following provisions of the Parks and Wildlife Code: Chapters 83
and 86, Subchapter A of Chapter 46, Subchapter A of Chapter 76,
Subchapter B of Chapter 81, Subchapter G of Chapter 82, Subchapter C
of Chapter 216, or Sections 66.101, 66.107, 66.112 through 66.118,
66.205, 76.031 through 76.036, 78.001 through 78.003, 81.002,
136.047, 184.024, 201.015, or 335.025.
(b) None of the provisions of this chapter may be construed
to alter, amend, or revoke any existing right granted pursuant to
any law.
Acts 1977, 65th Leg., p. 2384, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 14, § 284(100), eff.
Sept. 1, 1991.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 33.011. BOARD TO ADMINISTER, IMPLEMENT, AND ENFORCE
CHAPTER. The board is the executive agency of the state charged
with the administration, implementation, and enforcement of this
chapter.
Acts 1977, 65th Leg., p. 2384, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.012. LAND OFFICE TO ASSIST BOARD. The planning
division and other staff of the land office shall assist the board
in the discharge of its responsibilities and duties under this
chapter.
Acts 1977, 65th Leg., p. 2384, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.013. ADDITIONAL PERSONNEL. The commissioner may
employ any additional personnel in the land office that may be
necessary for the board to perform effectively its functions under
this chapter.
Acts 1977, 65th Leg., p. 2384, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.014. DISPOSITION OF MONEY FOR GRANTS OF CERTAIN
INTERESTS. Money received by the board for grants of surface
interests under this chapter whose initial term equals or exceeds
20 years shall be deposited in the State Treasury to the credit of
the permanent school fund.
Acts 1977, 65th Leg., p. 2384, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.015. SPECIAL ACCOUNT. (a) A dedicated account is
created, and money received by the board for the grant of permits
under this chapter shall be deposited in the State Treasury to the
credit of this dedicated account.
(b) Sections 403.094(h) and 403.095(b), Government Code, do
not apply to the dedicated account created under this section.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 991, § 9, eff. Sept.
1, 1993.
§ 33.016. DISPOSITION OF OTHER FUNDS. Money received by
the board for the grant of any interest not under Section 33.015 of
this code shall be deposited in the State Treasury to the credit of
the permanent school fund.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 328, § 5, eff. Jan. 1,
2004.
SUBCHAPTER C. POWERS AND DUTIES
§ 33.051. GENERAL DUTY. The board, the council, and the
land office shall perform the duties provided in this subchapter.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 33, eff. June
7, 1991; Acts 1995, 74th Leg., ch. 416, § 2, eff. June 8, 1995.
§ 33.052. DEVELOPMENT OF COASTAL MANAGEMENT
PROGRAM. (a) The commissioner shall develop a continuing
comprehensive coastal management program pursuant to the policies
stated in Section 33.202 of this code. The program is not effective
until approved by a majority of the council under Section 33.204 of
this code.
Text of subsec. (b) as amended by Acts 1995, 74th Leg., ch. 165,
§ 22(52)
(b) In developing the program, the land office shall act as
the lead agency to coordinate and develop a long-term plan for the
management of uses affecting coastal conservation areas, in
cooperation with other state agencies that have duties relating to
coastal matters, including the Parks and Wildlife Department, the
attorney general's office, the Texas Natural Resource Conservation
Commission, the Texas Water Development Board, the Texas Department
of Transportation, and the Railroad Commission of Texas. The plan
shall implement the policies stated in Section 33.001 of this code
and shall include the elements listed in Section 33.053 of this
code.
Text of subsec. (b) as amended by Acts 1995, 74th Leg., ch. 416,
§ 2
(b) In developing the program, the land office shall act as
the lead agency to coordinate and develop a long-term plan for the
management of uses affecting coastal natural resource areas, in
cooperation with other state agencies that have duties relating to
coastal matters, including those agencies represented on the
council. The program shall implement the policies stated in
Section 33.202 of this code and shall include the elements listed in
Section 33.053 of this code.
(c) The council may appoint and establish procedures for an
advisory committee to advise the council and the land office on
coastal management issues. The advisory committee may only include
persons with expertise in coastal matters. A member of the advisory
committee serves at the pleasure of the council. A member is not
entitled to compensation for services performed as a member of the
committee but may receive reimbursement from land office funds for
actual and necessary expenses incurred in attending meetings of the
advisory committee.
(d) For purposes of Subsections (a) and (b) of this section,
"coastal natural resource areas" has the meaning assigned by
Section 33.203 of this code.
(e) This section does not add to or subtract from the duties
and responsibilities of a state agency other than the land office,
the council, and the board.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1989, 71st Leg., ch. 1145, § 1, eff. Sept.
1, 1989; Acts 1991, 72nd Leg., ch. 295, § 34, eff. June 7, 1991;
Acts 1995, 74th Leg., ch. 76, § 11.263, eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 165, § 22(52), eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 416, § 2, eff. June 8, 1995; Acts 2001, 77th
Leg., ch. 70, § 1, eff. Sept. 1, 2001.
§ 33.053. ELEMENTS OF COASTAL MANAGEMENT
PROGRAM. (a) The coastal management program, in compliance with
the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et
seq.), shall include the following elements:
(1) an identification of the boundaries of the coastal
zone subject to the coastal management program as provided by
Section 33.2053(k);
(2) a continuous analysis of the potential uses for
the land and water within the coastal zone, including
recommendations as to which configurations of uses consonant with
the policies of this chapter maximize the benefits conferred on the
present and future citizens of Texas;
(3) guidelines on the priority of uses within the
coastal zone, including specifically those uses of lowest priority;
(4) a list of the uses of the land and water within the
coastal zone that are permissible under state law and under agency
or subdivision actions described by Sections 33.2051 and 33.2053
and that would have a direct and significant impact on the coastal
waters;
(5) recommendations as to increments of jurisdiction
or authority necessary to protect land and water within the coastal
zone from direct and significant detrimental consequences flowing
from the uses of adjacent land;
(6) an inventory of designated coastal natural
resource areas, as defined by Section 33.203, in the coastal zone;
(7) a description of the organizational structure by
which the coastal management program is implemented and
administered;
(8) a compilation of state constitutional provisions,
laws, rules, and judicial decisions under which the state proposes
to exercise control over the uses of land and water described by
Subdivision (4);
(9) a list of each agency or subdivision action, as
described by Sections 33.2051 and 33.2053, that may have a direct
and significant detrimental impact on coastal natural resource
areas;
(10) a list of each federal agency action or activity
and each outer continental shelf plan that may have a direct and
significant detrimental impact on coastal natural resource areas;
(11) a procedure, as described under Sections 33.205,
33.2051, 33.2052, 33.2053, 33.206, 33.208, and 33.209, for
determining the consistency of an agency or subdivision action or a
federal agency action or activity or outer continental shelf plan
with the goals and policies of the coastal management program;
(12) a definition of "gulf beach," as defined by
Section 33.203, and a description of the statutory planning process
or program for protection of and access to public beaches and other
public coastal areas of environmental, recreational, historical,
aesthetic, ecological, or cultural value;
(13) a description of the statutory planning process
or program for energy facilities likely to be located in, or that
may directly and significantly affect, the coastal zone;
(14) a description of the statutory planning process
or program for:
(A) assessing the effects of shoreline erosion;
(B) studying and evaluating ways to control or
reduce the impact of shoreline erosion; and
(C) restoring areas detrimentally affected by
shoreline erosion;
(15) a description of the state's statutory program
regulating nonpoint source water pollution, as it relates to the
coastal zone; and
(16) an explanation of the relationship of specific
policies of the coastal management program to:
(A) protection of resources;
(B) management of coastal development; and
(C) simplification of governmental procedures.
(b) For purposes of Subsections (a)(9) and (a)(11), "agency
or subdivision action" has the meaning assigned by Section 33.203.
(c) For purposes of Subsections (a)(10) and (a)(11),
"federal agency action," "federal agency activity," and "outer
continental shelf plan" have the meanings assigned by Section
33.203.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1995, 74th Leg., ch. 416, § 2, eff. June 8,
1995.
§ 33.054. REVIEW AND AMENDMENT OF MANAGEMENT
PROGRAM. The commissioner may review the management program
periodically and may amend the management program as new
information or changed conditions may warrant.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 35, eff. June
7, 1991.
§ 33.055. PUBLIC HEARINGS TO CONSIDER COASTAL MANAGEMENT
PROGRAM. In developing, reviewing, or amending the coastal
management program, after due notice to affected persons and the
public generally, the commissioner and the council shall hold or
have held public hearings as the commissioner and the council
determine to be appropriate.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 36, eff. June
7, 1991; Acts 1995, 74th Leg., ch. 416, § 2, eff. June 8, 1995.
§ 33.056. STRUCTURES ON LAND ADJACENT TO COASTAL PUBLIC
LAND. (a) On receipt of appropriate applications, the board
shall register existing structures extending on coastal public land
from adjacent land not owned by the state.
(b) Insofar as consonant with the policies of this chapter,
the board may regulate the placement, length, design, and the
manner of construction, maintenance, and the use of all structures
which are built so that they extend on coastal public land from
adjacent land not owned by the state.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.057. GIFTS OF INTERESTS IN LAND. (a) The board
may accept gifts of interests in land, and these interests shall
become part of the permanent school fund unless otherwise
designated by the grantor.
(b) At the discretion of the board, the land may be managed
as if it were coastal public land within the meaning of this
chapter.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.058. PURCHASE OF FEE AND LESSER INTERESTS IN
LAND. (a) The board may select and purchase fee and lesser
interests in land of the coastal area for the creation,
maintenance, or protection of wildlife refuges, estuarine
preserves, natural scenic reserves, historical or archaeological
sites, public recreational areas, and research facilities.
(b) The interests may be purchased by the board with money
acquired by gift or grant, but the interests may not be obtained by
condemnation.
(c) Interests acquired under this section shall not become a
part of the permanent free school fund unless they are so designated
by the board.
(d) In the discretion of the board, the interests may be
managed as if they were coastal public land within the meaning of
this chapter regardless of whether they fall within the meaning of
coastal public land.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.059. STUDIES. The board may study various coastal
engineering problems, including the protection of the shoreline
against erosion, the design and use of piers, groins, seawalls, and
jetties, and the effects of various structures, works, and
improvements on the physical and biological systems of the coastal
public land.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.060. LOCATING AND MARKING BOUNDARIES. The board
may locate and have marked on the ground the boundaries separating
coastal public land from other land.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.061. COMPLAINTS. (a) The board shall receive and
evaluate any complaint or report from any person concerning
instances of unauthorized construction, maintenance, use, or
assertion of control of any structure on coastal public land.
(b) The board shall refer to the attorney general all cases
warranting judicial remedies, and the attorney general shall
immediately initiate judicial proceedings for the appropriate
relief.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.062. DESIGNATED OFFICIAL REPRESENTATIVE. The
board is designated and shall serve as the official representative
of the governor of the state to conduct with the federal government
any business concerning any matter affecting the coastal public
land which arises out of the exercise by the federal government of
any authority it may have over navigable water under the
Constitution of the United States.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.063. FEES. The board may prescribe reasonable
filing fees and fees for granting leases, easements, and permits.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.064. RULES. The board may adopt procedural and
substantive rules which it considers necessary to administer,
implement, and enforce this chapter.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER D. RIGHTS IN COASTAL PUBLIC LAND
§ 33.101. APPLICATION TO ACQUIRE RIGHTS IN COASTAL
PUBLIC LAND. Any person who desires to acquire rights in the
surface estate in any coastal public land shall make application to
the board in writing in the form prescribed by the board.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.102. CONTENTS OF APPLICATION. The application to
acquire rights in coastal public land shall include:
(1) an adequate legal description of the land in which
the rights are sought;
(2) a statement of the rights sought;
(3) a statement of the purpose or purposes for which
the land is to be used;
(4) a description of the nature and extent of the
improvements, if any, which will be made on the land;
(5) an estimate of the time within which any
improvements to be made will be completed; and
(6) any additional information the board considers
necessary, including, in the case of any application for approval
of construction, modification, repair, or removal of a structure, a
description of all plans for any filling, dumping, dredging, or
excavating to be done.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.103. INTERESTS WHICH MAY BE GRANTED BY THE
BOARD. (a) The board may grant the following interests in coastal
public land for the indicated purposes:
(1) leases for public purposes;
(2) easements for purposes connected with:
(A) ownership of littoral property; or
(B) the operation of a facility operated by an
existing channel and dock corporation that was issued articles of
incorporation under Chapters 13 and 14, Title 32, Revised Statutes;
(3) permits authorizing limited continued use of
previously unauthorized structures on coastal public land not
connected with ownership of littoral property; and
(4) channel easements to the holder of any surface or
mineral interest in coastal public land for purposes necessary or
appropriate to the use of the interests.
(b) The board may not grant any interest in land within
2,500 feet of a military base unless the commissioner or the
commissioner's designee, after consultation with appropriate
military authorities, determines that the grant will not adversely
affect the mission of the military base.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 923, § 1, eff. Aug.
26, 1985; Acts 2003, 78th Leg., ch. 149, § 12, eff. May 27, 2003.
§ 33.104. PROCESSING APPLICATION. (a) On receiving an
application, the board may circulate it for review and comment to
the member agencies of the Interagency Natural Resources Council or
its successor.
(b) The board shall determine whether the proposed
application should be granted not less than 30 days nor more than 90
days after the application is received.
(c) If the application is granted, the board shall determine
the reasonable term, conditions, and consideration for the grant
and may consummate the transaction.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.105. PERSONS TO WHOM LAND MAY BE LEASED. The board
may lease coastal public land to:
(1) the Parks and Wildlife Department or to any
eligible city or county for public recreational purposes;
(2) the Parks and Wildlife Department for management
of estuarine preserves;
(3) any nonprofit, tax-exempt environmental
organization approved by the board for the purpose of managing a
wildlife refuge; and
(4) any scientific or educational organization or
institution for conducting scientific research.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.106. POLICIES, PROVISIONS, AND CONDITIONS OF
LEASES. In addition to policies generally applicable under this
chapter, leases granted under this subchapter shall be subject to
the policies, provisions, and conditions stated in Sections 33.107
through 33.110 of this code.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.107. PROTECTION OF RIGHTS. The littoral rights of
the adjacent upland owner shall be protected in a lease.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.108. RIGHTS OF THE PUBLIC. Members of the public
may not be excluded from coastal public land leased for public
recreational purposes or from an estuarine preserve.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.109. COUNTIES AND CITIES ELIGIBLE TO LEASE COASTAL
PUBLIC LAND. (a) A county is eligible to apply for a lease of
coastal public land inside the county and outside the boundaries of
any incorporated city, town, or village for public recreational
purposes.
(b) An incorporated city, town, or village is eligible to
lease coastal public land within its corporate boundaries for
public recreational purposes.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.110. CONTRACTS AND FRANCHISES. (a) With the
approval of the board, a lessee granted a lease for public
recreational purposes may enter into contracts and franchise
agreements to promote public recreation.
(b) No contract or franchise agreement may authorize any
commercial activity within 300 feet of privately owned littoral
property without the written consent of the littoral owner of the
property.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.111. GRANTING EASEMENTS. (a) The board may grant
easement rights to the owner of adjacent littoral property
authorizing the placement or location of a structure on coastal
public land for purposes connected with the ownership of littoral
property.
(b) The board may grant easement rights to construct
channels, wharves, docks, and marinas to an existing corporation
that was issued articles of incorporation under Chapters 13 and 14,
Title 32, Revised Statutes.
(c) Notwithstanding any provision in its charter or
articles of incorporation to the contrary, a corporation described
in Subsection (b) of this section may only obtain the use of or
acquire property from the state as provided by that subsection.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 923, § 2, eff. Aug.
26, 1985.
§ 33.112. FAILURE TO OBTAIN AN EASEMENT. (a) Any owner
of littoral property or any person acting under the owner of
littoral property who for purposes connected with the ownership of
the littoral property shall construct or fix or place on coastal
public land any structure without first obtaining an easement from
the land office is subject to a civil penalty of not more than $200.
(b) Each day the structure remains on or is affixed to
coastal public land constitutes a separate offense.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.113. INTERPRETATION OF EASEMENT GRANT. The grant
of an easement under Section 33.111 of this code and the waiver
under Section 33.115 of this code shall not be construed as
recognition of a right existing in the littoral owner incident to
the ownership of littoral property.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.114. POLICIES, PROVISIONS, AND CONDITIONS OF
EASEMENTS. In addition to the policies, provisions, and
conditions generally applicable in this chapter, each grant of an
easement is subject to the policies, provisions, and conditions of
Sections 33.115 and 33.117 of this code.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.115. PIERS. (a) Without obtaining an easement
from the board, the owner of littoral property may construct a pier
which:
(1) may be used for any purpose except commercial
purposes;
(2) is 115 feet or less in length and 25 feet or less in
width; and
(3) requires no filling or dredging.
(b) The location and dimensions of the pier must be
registered with the board in the manner provided in this chapter.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2001, 77th Leg., ch. 366, § 1, eff. May 26,
2001.
§ 33.116. FAILURE TO REGISTER PIER. Any owner of
littoral property who fails to register the location and dimensions
of the pier which is authorized to be constructed under Section
33.115 of this code is subject to a civil penalty of not more than
$200.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.117. PUBLIC POLICY OF STATE TO BE CONSIDERED. In
administering Sections 33.111 through 33.115 of this code, the
board shall consider the public policy of the state that the orderly
use of privately owned littoral property in a manner consistent
with the public policy of the state will not be impaired.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.118. SINGLE PERMIT. If the activity for which the
easement is sought requires the littoral owner to seek one or more
permits from any other agency or department of state government,
the board may agree with the agency or department to issue a single
document incorporating all rights and privileges of the applicant.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.119. ISSUANCE OF PERMITS. The board may issue
permits authorizing limited continued use of previously
unauthorized structures on coastal public land if the use is sought
by one who is claiming an interest in the structure but is not
incident to the ownership of littoral property.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.120. FAILURE TO OBTAIN A PERMIT. A person who
maintains, uses, or repairs any structure for which a permit is
required under Section 33.119 of this code without first obtaining
a permit from the board is subject to a civil penalty of not less
than $50 nor more than $1,000.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.121. UNAUTHORIZED STRUCTURES. Any person who
constructs, fixes, or places on coastal public land any
unauthorized structure for purposes not connected with ownership of
littoral property is subject to a civil penalty of not less than $50
nor more than $1,000.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.122. EXCEPTION TO PERMIT REQUIREMENT. No permit
may be required for structures, excavations, or other similar
structures as long as they are located wholly on the private
littoral upland, even though the activities may result in the area
being inundated by public water.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.123. POLICIES, PROVISIONS, AND CONDITIONS OF
PERMITS. In addition to the policies, provisions, and conditions
generally applicable in this chapter, each grant of a permit is
subject to the policies, provisions, and conditions of Sections
33.120 through 33.122 and 33.124 through 33.126 of this code.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.124. PERMITS PROHIBITED FOR CERTAIN
STRUCTURES. The board may not grant a permit which authorizes the
continued use of a structure located within 1,000 feet of:
(1) privately owned littoral property, without
written consent of the littoral owner;
(2) any federal or state wildlife sanctuary or refuge;
or
(3) any federal, state, county, or city park bordering
on coastal public land.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.125. AUTOMATIC REVOCATION AND TERMINATION OF A
PERMIT. A permit that authorizes the continued use of a previously
unauthorized structure on coastal public land is considered
automatically revoked and terminated if the coastal public land on
which the structure is located is:
(1) subsequently leased for public purposes;
(2) exchanged for littoral property under this
chapter; or
(3) conveyed to a navigation district as provided by
law.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.126. TERMINATION OF PERMIT BY BOARD. Each permit
shall provide that if the terms of the permit are broken, the permit
may be terminated at the option of the board.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.127. TERMS AND RENEWAL OF PERMITS. Permits may be
issued for a period of not more than five years and may be renewed at
the discretion of the board.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.128. USE OF PREVIOUSLY UNAUTHORIZED
STRUCTURES. Previously unauthorized structures for which permits
are obtained may be used only for noncommercial, recreational
purposes.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.129. PROHIBITIONS ON THE GRANT OF PERMITS. The
board may not grant an application for a permit which would violate
the public policy of this state as expressed in this chapter and may
not grant a permit for any structure not in existence on August 27,
1973.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.130. REPAIRS AND REBUILDING. If a structure for
which a permit is issued is severely damaged or destroyed by any
means, no major repairs or rebuilding may be undertaken by the
permit holder without the approval of the board.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.131. STRUCTURES AS PROPERTY OF THE STATE. A
structure presently existing or to be constructed in the future for
which a permit is required under Section 33.119 of this code is the
property of the state. Any construction, maintenance, or use of the
structure other than as provided in this subchapter is declared to
be a nuisance per se and is expressly prohibited.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 991, § 10, eff. Sept.
1, 1993.
§ 33.132. REGISTRATION BY BOARD. (a) The registration
by the board on or before December 31, 1973, of a structure located
in whole or in part on coastal public land on August 27, 1973, and
claimed by the person submitting it for registration as an incident
of the ownership of littoral property shall not be construed as
evidence of the acquiescence of the state in the claim by the owner.
(b) Failure of the owner to register the structure estops
the owner from making any further claim of right against the state
in the structure and renders the structure a nuisance per se subject
to abatement by the state at the expense of the littoral owner.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.133. REMEDIES CUMULATIVE. Remedies provided in
this subchapter are cumulative of all other remedies which may be
applicable, including those remedies arising from the power of a
court to enforce its jurisdiction and its judgments.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.134. USE AND DEVELOPMENT OF LAND BY LITTORAL
OWNER. None of the provisions of this chapter shall prevent the
littoral owner of property from developing or otherwise using his
property in a lawful manner, and this chapter shall not be construed
to confer on the board the authority to regulate, control, or
restrict the use or development of the property.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.135. NOTICE TO PURCHASER OR GRANTEE OF COASTAL AREA
PROPERTY. (a) A person who sells, transfers, or conveys an
interest other than a mineral, leasehold, or security interest in
real property adjoining and abutting the tidally influenced waters
of the state must include the following notice as a part of a
written executory contract for the sale, transfer, or conveyance:
"(1) The real property described in and subject to this
contract adjoins and shares a common boundary with the tidally
influenced submerged lands of the state. The boundary is subject to
change and can be determined accurately only by a survey on the
ground made by a licensed state land surveyor in accordance with the
original grant from the sovereign. The owner of the property
described in this contract may gain or lose portions of the tract
because of changes in the boundary.
"NOTICE REGARDING COASTAL AREA PROPERTY
"(2) The seller, transferor, or grantor has no
knowledge of any prior fill as it relates to the property described
in and subject to this contract.
"(3) State law prohibits the use, encumbrance,
construction, or placing of any structure in, on, or over
state-owned submerged lands below the applicable tide line, without
proper permission.
"(4) The purchaser or grantee is hereby advised to seek
the advice of an attorney or other qualified person as to the legal
nature and effect of the facts set forth in this notice on the
property described in and subject to this contract. Information
regarding the location of the applicable tide line as to the
property described in and subject to this contract may be obtained
from the surveying division of the General Land Office in Austin."
(b) If property described under Subsection (a) of this
section is sold, transferred, or conveyed without an executory
contract for conveyance, a written statement containing the notice
prescribed by that subsection must be delivered to the grantee for
execution and acknowledgement of receipt before the conveyance is
recorded.
(c) Failure to include the statement in an executory
contract for conveyance shall be grounds for the purchaser to
terminate such contract, and upon termination any earnest money
shall be returned to the party making the deposit.
(d) Failure to provide this statement prior to closing,
either in the executory contract for conveyance or in a separate
written statement, shall constitute a deceptive act under Section
17.46, Business & Commerce Code.
(e) This section or the action of any party subject to this
section does not diminish or modify the beach access and use rights
of the public as acquired by statute or under common law.
Added by Acts 1993, 73rd Leg., ch. 991, § 11, eff. Sept. 1, 1993.
§ 33.136. PROPERTY RIGHTS: PRESERVATION OF LITTORAL
RIGHTS. (a) Notwithstanding any law to the contrary, a person may
not undertake an action on or immediately landward of a public beach
or submerged land, including state mineral lands, relating to
erosion response that will cause or contribute to shoreline
alteration before the person has conducted and filed a coastal
boundary survey in the same manner as the survey of public land
required by Chapter 21 and any applicable rule of the commissioner
and has obtained any required lease or other instrument from the
commissioner or board, as applicable. A person is not required to
obtain a lease or other instrument from the commissioner or board if
the action is confined to land owned by a navigation district or
municipality. On filing of the survey, the shoreline depicted on
the survey is a fixed line for the purpose of locating a shoreline
boundary, subject to movement landward of that line. A coastal
boundary survey conducted under this section may not be filed until
the commissioner gives notice of approval under Subsection (c).
(b) The survey must contain the following statement:
"NOTICE: This survey was performed in accordance with Section
33.136, Natural Resources Code, for the purpose of evidencing the
location of the shoreline in the area depicted in this survey as
that shoreline existed before commencement of erosion response
activity, as required by Chapter 33, Natural Resources Code. The
line depicted on this survey fixes the shoreline for the purpose of
locating a shoreline boundary, subject to movement landward as
provided by Section 33.136, Natural Resources Code."
(c) Within 30 days after the date the commissioner approves
a coastal boundary survey under this section, the commissioner
shall provide notice of that approval by:
(1) publication in the Texas Register;
(2) publication for two consecutive weeks in a
newspaper of general circulation in the county or counties in which
the land depicted in the survey is located; and
(3) filing a copy of the approval in the archives and
records division of the land office.
(d) A person who claims title to permanent school fund land
as a result of accretion, reliction, or avulsion in the coastal zone
on or after September 1, 1999, must, in order to prevail in the
claim, prove that:
(1) a change in the shoreline has occurred;
(2) the change did not occur as a result of the
claimant's actions, the action of any predecessor in title, the
action of any grantee, assignee, licensee, or person authorized by
the claimant to use the claimant's land, or an erosion response
activity; and
(3) the claimant is entitled to benefit from the
change.
(e) An upland owner who, because of erosion response
activity undertaken by the commissioner, ceases to hold title to
land that extends to the shoreline as altered by the erosion
response activity is entitled to continue to exercise all littoral
rights possessed by that owner before the date the erosion response
activity commenced, including rights of ingress, egress, boating,
bathing, and fishing.
(f) In this section, "erosion response" means an action
intended to address coastal erosion, mitigate the effect of coastal
erosion, or maintain or enhance beach stability or width. The term
includes:
(1) beach nourishment;
(2) sediment management;
(3) beneficial use of dredged material;
(4) construction of breakwaters;
(5) dune creation or enhancement; and
(6) revegetation.
Added by Acts 1997, 75th Leg., ch. 938, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 508, § 3, eff. Sept. 1,
1999.
SUBCHAPTER E. ENFORCEMENT AND APPEAL
§ 33.171. ENFORCEMENT OF RIGHTS OF LITTORAL
OWNERS. (a) A littoral owner whose rights may be affected by any
action of the board under this chapter may bring suit for a
declaratory judgment against the State of Texas in a district court
in Travis County to try the issues.
(b) Service of citation may be obtained by serving the
commissioner.
(c) The state is entitled to receive notice of a claim
against the School Land Board under this subchapter not later than
the 180th day after the day the action of the board giving rise to
the claim occurred. The notice must reasonably describe:
(1) the action of the board that affected the littoral
owner's rights;
(2) the time and place of the board's action; and
(3) the nature of the claim, specifying, as
applicable, the manner in which:
(A) the board's action affected the title to or
boundary of coastal public land to the detriment of the littoral
owner;
(B) the board's action affected an interest in
land sought or granted under this chapter; or
(C) the board violated this chapter or a rule
adopted by the board under this chapter.
(d) The notice requirement of Subsection (c) is a
jurisdictional prerequisite to the institution of suit under this
section regardless of actual notice, express or implied, to the
board or the state.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 147, § 1, eff. Sept.
1, 2003.
§ 33.172. VENUE. Unless expressly waived in writing by
the attorney general, venue lies in Travis County in any
proceeding:
(1) arising out of an alleged violation of any
provision of this chapter or any rule adopted by the board under
this chapter;
(2) touching any interest in land sought or granted
under this chapter; and
(3) to determine the boundaries or title to any
coastal public land.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.173. RIGHT TO APPEAL. Any interested party who is
aggrieved by an action of the board under this chapter may appeal
the action by filing a petition in a district court in Travis
County.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.174. TIME FOR FILING PETITION. The petition for
the appeal must be filed within 30 days after the date of the final
action of the board or 30 days after the effective date of the
action, whichever is the later date.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.175. SERVICE OF CITATION. Service of citation on
the board may be accomplished by serving the commissioner.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 33.176. ISSUE ON APPEAL. In an appeal of a board
action, the issue is whether the action is invalid, arbitrary, or
unreasonable.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER F. COASTAL COORDINATION
§ 33.201. SHORT TITLE. This subchapter may be cited as
the Coastal Coordination Act.
Added by Acts 1979, 66th Leg., p. 1991, ch. 785, § 1, eff. June
13, 1979. Amended by Acts 1991, 72nd Leg., ch. 295, § 37, eff.
June 7, 1991.
§ 33.202. POLICY. (a) It is declared to be the policy
of this state to make more effective and efficient use of public
funds and provide for more effective and efficient management of
coastal natural resource areas, and to better serve the people of
Texas by:
(1) continually reviewing the principal coastal
problems of state concern, coordinating the performance of
government programs affecting coastal natural resource areas, and
coordinating the measures required to resolve identified coastal
problems; and
(2) making all coastal management processes more
visible, accessible, coherent, consistent, and accountable to the
people of Texas.
(b) It is declared to be the policy of this state that the
chief executive officer of the state should represent the State of
Texas in discussions and negotiations with the federal government
with regard to the effect of federal actions on the coastal programs
and policies of the State of Texas.
Added by Acts 1979, 66th Leg., p. 1991, ch. 785, § 1, eff. June
13, 1979. Amended by Acts 1991, 72nd Leg., ch. 295, § 37, eff.
June 7, 1991; Acts 1995, 74th Leg., ch. 416, § 3, eff. June 8,
1995.
§ 33.203. DEFINITIONS. In this subchapter:
(1) "Coastal natural resource areas" means:
(A) coastal barriers;
(B) coastal historic areas;
(C) coastal preserves;
(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 Mexico; and
(P) water under tidal influence.
(2) "Coastal barrier" means an undeveloped area on a
barrier island, peninsula, or other protected area, as designated
by United States Fish and Wildlife Service maps.
(3) "Coastal historic area" means a site that is
specially identified in rules adopted by the Texas Historical
Commission or the Antiquities Committee as being coastal in
character and that is:
(A) a site on the National Register of Historic
Places, designated under 16 U.S.C. Section 470a and 36 CFR Part 63,
Chapter 1; or
(B) a state archaeological landmark, as defined
by Subchapter D, Chapter 191.
(4) "Coastal preserve" means any land, including a
park or wildlife management area, that is owned by the state and
that is:
(A) subject to Chapter 26, Parks and Wildlife
Code, because it is a park, recreation area, scientific area,
wildlife refuge, or historic site; and
(B) designated by the Parks and Wildlife
Commission as being coastal in character.
(5) "Coastal shore area" means an area within 100 feet
landward of the highwater mark on submerged land.
(6) "Coastal waters" means waters under tidal
influence and waters of the open Gulf of Mexico.
(7) "Coastal wetlands" means wetlands, as the term is
defined by Section 11.502, Water Code, located:
(A) seaward of the coastal facility designation
line established by rules adopted under Chapter 40;
(B) within rivers and streams, to the extent of
tidal influence, as shown on the Texas Natural Resource
Conservation Commission's stream segment maps, excluding the
portion of the Trinity River located in Liberty County;
(C) within one mile of the mean high tide of the
portion of river and stream described by Paragraph (B), except as
provided by Paragraphs (D) and (E);
(D) in the case of wetlands bordering the portion
of the Trinity River to which Paragraph (B) applies:
(i) within the area located between the
mean high tide line on the western shoreline of that portion of the
river and Farm-to-Market Road 565 and Farm-to-Market Road 1409; or
(ii) within the area located between the
mean high tide line on the eastern shoreline of that portion of the
river and Farm-to-Market Road 563; or
(E) in the case of wetlands bordering the portion
of the Neches River described by Paragraph (B):
(i) within one mile from the mean high tide
line of the western shoreline of that portion of the river described
by Paragraph (B); or
(ii) within the area located between the
mean high tide line on the eastern shoreline of that portion of the
river and Farm-to-Market Road 105.
(8) "Critical area" means a coastal wetland, an oyster
reef, a hard substrate reef, submerged aquatic vegetation, or a
tidal sand or mud flat.
(9) "Critical dune area" means a protected sand dune
complex on the Gulf shoreline within 1,000 feet of mean high tide
designated by the land commissioner under Section 63.121.
(10) "Critical erosion area" has the meaning assigned
to the term "critical coastal erosion area" by Section 33.601(4).
(11) "Gulf beach" means a beach bordering the 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 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.
(12) "Hard substrate reef" means a naturally occurring
hard substrate formation, including a rock outcrop or serpulid worm
reef, living or dead, in an intertidal or subtidal area.
(13) "Oyster reef" means a natural or artificial
formation that is:
(A) composed of oyster shell, live oysters, and
other living or dead organisms;
(B) discrete, contiguous, and clearly
distinguishable from scattered oyster shell or oysters; and
(C) located in an intertidal or subtidal area.
(14) "Special hazard area" means an area designated
under 42 U.S.C. Section 4001 et seq. as having special flood,
mudslide or mudflow, or flood-related erosion hazards and shown on
a flood hazard boundary map or flood insurance rate map as Zone A,
AO, A1-30, AE, A99, AH, VO, V1-30, VE, V, M, or E.
(15) "Submerged land" means land located under waters
under tidal influence or under waters of the open Gulf of Mexico,
without regard to whether the land is owned by the state or a person
other than the state.
(16) "Submerged aquatic vegetation" means rooted
aquatic vegetation growing in permanently inundated areas in
estuarine and marine systems.
(17) "Tidal sand or mud flat" means a silt, clay, or
sand substrate, without regard to whether it is vegetated by algal
mats, that occur in intertidal areas and that are regularly or
intermittently exposed and flooded by tides, including tides
induced by weather.
(18) "Water of the open 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 Mexico and that is within the
territorial limits of the state.
(19) "Water under tidal influence" means water in this
state, as defined by Section 26.001(5), Water Code, that is subject
to tidal influence according to the Texas Natural Resource
Conservation Commission's stream segment map. The term includes
coastal wetlands.
(20) "Council" means the Coastal Coordination
Council.
(21) "Agency or subdivision" means any state agency,
department, board, or commission or political subdivision of the
state.
(22) "Coastal management program " means an ongoing,
comprehensive program containing the elements required for
approval of a program under the Coastal Zone Management Act of 1972
(16 U.S.C. Section 1451 et seq.) that is designed to coordinate
agencies' management of activities that may adversely affect
coastal natural resource areas for the purpose of continually
making management of those activities more efficient and effective.
(23) "Agency or subdivision action" means an action
described by Section 33.2051 or 33.2053.
(24) "Federal agency activity" means a function
performed by or for a federal agency in the exercise of its
statutory responsibility, including financial assistance, the
planning, construction, modification, or removal of a public work,
facility, or any other structure, and the acquisition, use, or
disposal of land or water resources. The term does not include the
issuance of a federal license or permit.
(25) "Federal agency action" means a license or permit
that a federal agency may issue that represents the proposed
federal authorization, approval, or certification needed by the
applicant to begin an activity.
(26) "Proposed action" means an agency or subdivision
action under consideration by the agency or subdivision, but with
respect to which the agency or subdivision has not made a final
decision.
(27) "Outer continental shelf plan" means a plan for
the exploration or development of, or production from, an area
leased under the Outer Continental Shelf Lands Act (43 U.S.C.
Section 1331 et seq.) and the rules adopted under that Act that is
submitted to the secretary of the United States Department of the
Interior after federal approval of the coastal management program.
Added by Acts 1979, 66th Leg., p. 1991, ch. 785, § 1, eff. June
13, 1979. Amended by Acts 1991, 72nd Leg., ch. 295, § 37, eff.
June 7, 1991; Acts 1995, 74th Leg., ch. 76, § 11.264, eff. Sept.
1, 1995; Acts 1995, 74th Leg., ch. 416, § 4, eff. June 8, 1995;
Acts 1997, 75th Leg., ch. 396, § 1, eff. May 28, 1997; Acts 1999,
76th Leg., ch. 508, § 4, eff. Sept. 1, 1999; Acts 2001, 77th
Leg., ch. 70, § 2, eff. Sept. 1, 2001.
§ 33.204. ADMINISTRATION OF COASTAL MANAGEMENT
PROGRAM. (a) The council by rule shall adopt goals and policies
of the coastal management program. A goal or policy may not require
an agency or subdivision to perform an action that would exceed the
constitutional or statutory authority of the agency or subdivision
to which the goal or policy applies.
(b) The council shall meet once in each calendar quarter and
shall set aside time at each meeting for public comment on any issue
under the jurisdiction of the council. The commissioner is chair of
the council. The chair or any three members of the council may
convene special meetings at other times.
(c) Except as provided by Sections 33.205(c)(3) and
33.206(a), the council may act on the agreement of a majority of a
quorum of the council.
(d) For each matter to be reviewed by the council under
Section 33.205(c) or (d) of this code, the governor shall designate
a local elected official from a county or municipality directly
affected by the matter under review. The local official shall serve
as a nonvoting participant on the council for purposes of reviewing
and acting on that matter only.
(e) In conducting reviews under Section 33.205 of this code,
the council shall receive and consider the oral or written
testimony of any person regarding the coastal management program as
the testimony relates to the agency or subdivision action or
federal agency action or activity or outer continental shelf plan
under review. The council may reasonably limit the length and
format of the testimony and the time at which it will be received.
Notice of the period during which the testimony will be received
shall be published in the Texas Register and in a newspaper of
general circulation in each county directly affected by the matter
under review before the commencement of that period. The council
shall consider only the record before the agency or subdivision
involved in the matter under review, the agency's or subdivision's
findings, applicable laws and rules, any additional information
provided by that agency or subdivision, and public testimony under
this subsection, provided that if the agency or subdivision did not
hold a hearing, make a record, or make findings, the council may
hold a hearing and make findings necessary to a complete and
thorough review.
(f) The land office shall assist the council in carrying out
its duties. The council members may not receive compensation for
services but may receive reimbursement for actual and necessary
expenses. The land office, in coordination with other agencies and
subdivisions, shall prepare an annual report on the effectiveness
of the coastal management program. The land office shall submit the
report to the council for approval. On or before January 15 of each
odd-numbered year, the land office shall send to the legislature
each of the previous two annual reports.
(g) The council may award grants to projects that further
the goals and policies of the council. The council shall establish
the procedures for making any determination related to awarding a
grant.
Added by Acts 1979, 66th Leg., p. 1991, ch. 785, § 1, eff. June
13, 1979. Amended by Acts 1991, 72nd Leg., ch. 295, § 37, eff.
June 7, 1991; Acts 1995, 74th Leg., ch. 416, § 4, eff. June 8,
1995; Acts 2001, 77th Leg., ch. 70, § 3, eff. Sept. 1, 2001.
§ 33.2041. COMPOSITION OF COUNCIL; TERMS. (a) The
council shall consist of:
(1) the following ex officio members:
(A) the commissioner;
(B) the presiding officer of the Parks and
Wildlife Commission or a member of the commission designated by the
presiding officer;
(C) the presiding officer of the Texas Natural
Resource Conservation Commission or a member of the commission
designated by the presiding officer;
(D) a member of the Railroad Commission of Texas
appointed by that commission;
(E) the presiding officer of the Texas Water
Development Board or a member of the board designated by the
presiding officer;
(F) the presiding officer of the Texas
Transportation Commission or a member of the commission designated
by the presiding officer;
(G) a member of the State Soil and Water
Conservation Board appointed by that board; and
(H) the director of the Texas A&M University Sea
Grant Program to serve as a nonvoting member; and
(2) the following members to be appointed by the
governor with the advice and consent of the senate to serve a
two-year term:
(A) a city or county elected official who resides
in the coastal area;
(B) an owner of a business located in the coastal
area who resides in the coastal area;
(C) a resident from the coastal area; and
(D) a representative of agriculture.
(b) The terms of the positions on the council held by the
city or county elected official who resides in the coastal area and
the resident from the coastal area expire May 31 of each
even-numbered year. The terms of the positions on the council held
by the owner of a business located in the coastal area who resides
in the coastal area and the representative of agriculture expire
May 31 of each odd-numbered year.
(c) Appointments to the council shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
Added by Acts 2001, 77th Leg., ch. 70, § 4, eff. Sept. 1, 2001.
§ 33.2042. ELIGIBILITY OF COUNCIL MEMBERS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a public member of the council if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in a field directly related
to the operations of the council; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in a field directly related
to the operations of the council.
(c) A person may not be a member of the council or act as the
general counsel to the council if the person is required to register
as a lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the council.
Added by Acts 2001, 77th Leg., ch. 70, § 4, eff. Sept. 1, 2001.
§ 33.2043. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the council that a member:
(1) does not have at the time of taking office the
qualifications required by Section 33.2041;
(2) does not maintain during service on the council
the qualifications required by Section 33.2041;
(3) is ineligible for membership under Section
33.2042(b) or (c);
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled council meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the council.
(b) The validity of an action of the council is not affected
by the fact that it is taken when a ground for removal of a council
member exists.
(c) If the council chair has knowledge that a potential
ground for removal exists, the council chair shall notify the
appointing authority and the attorney general that a potential
ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 70, § 4, eff. Sept. 1, 2001.
§ 33.2044. STANDARDS OF CONDUCT. The council chair or
the council chair's designee shall provide to members of the
council, as often as necessary, information regarding the
requirements for office under this chapter, including information
regarding a person's responsibilities under applicable laws
relating to standards of conduct for state officers.
Added by Acts 2001, 77th Leg., ch. 70, § 4, eff. Sept. 1, 2001.
§ 33.2045. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the council may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the council until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the council;
(2) the programs operated by the council;
(3) the role and functions of the council;
(4) the rules of the council with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the council;
(6) the results of the most recent formal audit of the
council;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict of interest laws; and
(8) any applicable ethics policies adopted by the
council or the Texas Ethics Commission.
(c) A person appointed to the council is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 70, § 4, eff. Sept. 1, 2001.
§ 33.205. CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM;
COUNCIL REVIEW. (a) An agency or subdivision that takes an agency
or subdivision action described by Section 33.2051 or 33.2053 that
may adversely affect a coastal natural resource area shall comply
with the goals and policies of the coastal management program.
(b) An agency or subdivision subject to the requirements of
Subsection (a) shall affirm that it has taken into account the goals
and policies of the coastal management program by issuing a written
determination that a proposed action described by Section 33.2051
or 33.2053 is consistent with the program goals and policies.
(c) The council may not review a proposed action subject to
the requirements of Subsections (a) and (b) of this section for
consistency with the goals and policies of the coastal management
program unless:
(1) the consistency determination for the proposed
action was contested by:
(A) a council member or an agency that was a party
in a formal hearing under Chapter 2001, Government Code, or in an
alternative dispute resolution process; or
(B) a council member or other person by the
filing of written comments with the agency before the action was
proposed if the proposed action is one for which a formal hearing
under Chapter 2001, Government Code, is not available;
(2) a person described by Subdivision (1) of this
subsection files a request for referral alleging a significant
unresolved dispute regarding the proposed action's consistency
with the goals and policies of the coastal management program; and
(3) any three members of the council other than the
director of the Texas A&M University Sea Grant Program agree that
there is a significant unresolved dispute regarding the proposed
action's consistency with the goals and policies of the coastal
management program and the matter is placed on the agenda for a
council meeting.
(d) If consistency review thresholds are in effect under
Section 33.2052, the council may not review a proposed action
subject to the requirements of Subsections (a) and (b) for
consistency with the goals and policies of the coastal management
program unless the requirements of Subsection (c) are satisfied
and:
(1) if the proposed action is one for which a formal
hearing under Chapter 2001, Government Code, is available:
(A) the action exceeds the applicable thresholds
and the agency's consistency determination was contested in a
formal hearing or in an alternative dispute resolution process; or
(B) the action does not exceed the applicable
thresholds but may directly and adversely affect a critical area,
critical dune area, coastal park, wildlife management area or
preserve, or gulf beach and a state agency contested the agency's
consistency determination in a formal hearing; or
(2) if the proposed action is one for which a formal
hearing under Chapter 2001, Government Code, is not available to
contest the agency's determination, the action exceeds the
applicable thresholds.
(e) The council must consider and act on a matter referred
under Subsection (c) or (d) before the 26th day after the date the
agency or subdivision proposed the action. For purposes of this
section, an action subject to the contested case provisions of
Chapter 2001, Government Code, is proposed when notice of a
decision or order is issued under Section 2001.142, Government
Code.
(f) The council by rule shall establish a process by which
an applicant for a permit or other proposed action described in
Section 33.2053, or an agency or subdivision proposing an action,
may request and receive a preliminary consistency review. The
rules shall:
(1) create a permitting assistance group composed of
representatives of council member agencies and other interested
council members to coordinate the preliminary reviews; and
(2) require that the following written information be
produced not later than the 45th day after the date of the request
for preliminary review:
(A) a statement from each agency or subdivision
required to permit or approve the project as to whether the agency
or subdivision anticipates approving or denying the application;
(B) if an agency or subdivision intends to deny
an application, the agency's or subdivision's explanation of the
grounds for denial and recommendations for resolving the grounds in
a way that would allow the application to be approved;
(C) if enough information is already available, a
preliminary finding as to whether the project is likely to be found
consistent with the goals and policies of the coastal management
program; and
(D) if the project is likely to be found
inconsistent with the goals and policies of the coastal management
program, an explanation and recommendation for resolving the
inconsistency in a way that would allow the project to be found
consistent.
(g) The council by rule shall establish a process by which
an individual or small business may request and receive assistance
with filing applications for permits or other proposed actions
described by Section 33.2053. The rules shall provide for:
(1) the coordination of preapplication assistance
through the permitting assistance group; and
(2) the provision of the following, by the permitting
assistance group, to an individual or a small business, on request:
(A) a list of the permits or other approvals
necessary for the project;
(B) a simple, understandable statement of all
permit requirements;
(C) a coordinated schedule for each agency's or
subdivision's decision on the action;
(D) a list of all the information the agencies or
subdivisions need to declare the applications for the permits or
other approvals administratively complete;
(E) assistance in completing the applications as
needed; and
(F) if enough information is already available, a
preliminary finding as to whether the project is likely to be found
consistent with the goals and policies of the coastal management
program.
(h) If an agency, subdivision, or applicant has received a
preliminary finding of consistency under Subsection (f)(2)(C) or
(g)(2)(F) and a request for referral was filed on that action under
Subsection (c)(2), the council may accept the request for referral
only if the agency or subdivision has substantially changed the
permit or proposed action since the preliminary finding was issued.
Added by Acts 1991, 72nd Leg., ch. 295, § 37, eff. June 7, 1991.
Amended by Acts 1995, 74th Leg., ch. 416, § 4, eff. June 8, 1995;
Acts 2001, 77th Leg., ch. 70, § 5, eff. Sept. 1, 2001.
§ 33.2051. AGENCY RULEMAKING ACTIONS. (a) The land
office shall comply with Sections 33.205(a) and (b) when adopting
or amending a rule governing the prevention of, response to, or
remediation of a coastal oil spill.
(b) The Texas Natural Resource Conservation Commission
shall comply with Sections 33.205(a) and (b) when adopting or
amending a rule governing:
(1) air pollutant emissions;
(2) on-site sewage disposal systems; or
(3) underground storage tanks.
(c) The State Soil and Water Conservation Board shall comply
with Sections 33.205(a) and (b) when adopting or amending a rule
governing agricultural or silvicultural nonpoint source pollution.
(d) An agency shall comply with Sections 33.205(a) and (b)
when adopting or amending a rule governing an individual action
described by Section 33.2053.
(e) The council may not review a proposed rule of the Texas
Department of Agriculture.
Added by Acts 1995, 74th Leg., ch. 416, § 4, eff. June 8, 1995.
§ 33.2052. CERTIFICATION OF AGENCY RULES; AGENCY
ACTIONS CONSIDERED CONSISTENT. (a) The council by rule shall
establish a process by which an agency may submit rules and rule
amendments described by Section 33.2051 to the council for review
and certification for consistency with the goals and policies of
the coastal management program.
(b) The process must provide that an agency may submit to
the council consistency review thresholds for the agency's actions
described in Section 33.2053. After the council certifies that an
agency's rules are consistent and approves the agency's thresholds,
the agency's consistency determination under Section 33.205(b) for
an action is final and is not subject to referral and review, except
as provided by Section 33.205(d).
(c) The council by rule shall provide that the council may
revoke its certification under Subsection (b) if the council finds
that an agency has:
(1) implemented certified rules in a manner that
conflicts with the goals and policies of the coastal management
program; or
(2) amended certified rules in a manner inconsistent
with the goals and policies of the coastal management program.
Added by Acts 1995, 74th Leg., ch. 416, § 4, eff. June 8, 1995.
§ 33.2053. INDIVIDUAL AGENCY OR SUBDIVISION
ACTIONS. (a) The land office, the School Land Board, or a board
for lease of state-owned lands shall comply with Sections 33.205(a)
and (b) when issuing or approving:
(1) a mineral lease plan of operations;
(2) a geophysical or geochemical permit;
(3) a coastal easement;
(4) a miscellaneous easement;
(5) a coastal lease;
(6) a surface lease;
(7) a structure registration;
(8) a cabin permit;
(9) a navigation district lease;
(10) certification of a local government beach access
or dune protection plan; or
(11) an agency or subdivision wetlands mitigation
bank.
(b) The Public Utility Commission of Texas shall comply with
Sections 33.205(a) and (b) when issuing a certificate of
convenience and necessity.
(c) The Railroad Commission of Texas shall comply with
Sections 33.205(a) and (b) when issuing:
(1) a wastewater discharge permit;
(2) a waste disposal or storage pit permit; or
(3) a certification of a federal permit for the
discharge of dredge or fill material.
(d) The Texas Transportation Commission shall comply with
Sections 33.205(a) and (b) when approving:
(1) an acquisition of a site for the placement or
disposal of dredge material from, or the expansion, relocation, or
alteration of, the Gulf Intracoastal Waterway; or
(2) a transportation construction project or
maintenance program.
(e) The Texas Historical Commission and the Antiquities
Committee shall comply with Sections 33.205(a) and (b) when
issuing:
(1) a permit for destruction, alteration, or taking of
a coastal historic area; or
(2) a review of a federal undertaking affecting a
coastal historic area.
(f) The Texas Natural Resource Conservation Commission
shall comply with Sections 33.205(a) and (b) when issuing or
approving:
(1) a wastewater discharge permit;
(2) a permit for a new concentrated animal feeding
operation located one mile or less from a critical area or coastal
waters;
(3) a permit for solid or hazardous waste treatment,
storage, or disposal;
(4) creation of a special purpose district or approval
of bonds for the purpose of construction of infrastructure on
coastal barriers;
(5) levee improvement or flood control projects;
(6) a certification of a federal permit for the
discharge of dredge or fill material;
(7) a declaration of an emergency and request for an
emergency release of water;
(8) a new permit for an annual appropriation of:
(A) 5,000 or more acre-feet of water within the
program boundary; or
(B) 10,000 or more acre-feet of water outside the
program boundary but within 200 stream miles of the coast;
(9) an amendment to a water permit for an increase in
an annual appropriation of:
(A) 5,000 or more acre-feet of water within the
program boundary; or
(B) 10,000 or more acre-feet of water outside the
program boundary but within 200 stream miles of the coast; or
(10) a change in the purpose of use of an annual
appropriation of water to a more consumptive use of:
(A) 5,000 or more acre-feet of water within the
program boundary; or
(B) 10,000 or more acre-feet of water outside the
program boundary but within 200 stream miles of the coast.
(g) The council may not review an action of the Texas
Natural Resource Conservation Commission described by Subsections
(f)(8)-(10) taken to implement a part of the Trans-Texas Water
Program that the Trans-Texas Water Program Policy Management
Committee has found to be consistent with the goals and policies of
the coastal management program. To find that the program is
consistent with the goals and policies, the Trans-Texas Water
Program Policy Management Committee must:
(1) include at least three members of the council, or
representatives of those members, as voting members of the
committee; and
(2) make the finding by a majority vote of those
members or their representatives.
(h) The Parks and Wildlife Department shall comply with
Sections 33.205(a) and (b) when issuing or approving:
(1) an oyster lease;
(2) a permit for taking, transporting, or possessing
threatened or endangered species;
(3) a permit for disturbing marl, sand, shell, or
gravel on state-owned land; or
(4) development by a person other than the Parks and
Wildlife Department that requires the use or taking of any public
land in a state park, wildlife management area, or preserve.
(i) A subdivision shall comply with Sections 33.205(a) and
(b) when issuing a dune protection permit or beachfront
construction certificate that authorizes:
(1) construction activity that is located 200 feet or
less landward of the line of vegetation and that results in the
disturbance of more than 7,000 square feet of dunes or dune
vegetation;
(2) construction activity that results in the
disturbance of more than 7,500 cubic yards of dunes;
(3) a coastal shore protection project undertaken on a
gulf beach or 200 feet or less landward of the line of vegetation
and that affects more than 500 linear feet of gulf beach; or
(4) a closure, relocation, or reduction in existing
public beach access or public beach access designated in an
approved local government beach access plan, other than for a short
term.
(j) An action to renew, amend, or modify an existing permit,
certificate, lease, easement, approval, or other action is not an
action under this section if the action is taken under a rule that
the council has certified under Section 33.2052 and:
(1) for a wastewater discharge permit, if the action
is not a major permit modification that would:
(A) increase pollutant loads to coastal waters;
or
(B) result in relocation of an outfall to a
critical area;
(2) for solid, hazardous, or nonhazardous waste
permits, if the action is not a Class III modification under rules
of the Texas Natural Resource Conservation Commission; or
(3) for any other action, if the action:
(A) only extends the period of the existing
authorization and does not authorize new or additional work or
activity; or
(B) is not directly relevant to Sections
33.205(a) and (b).
(k) The council shall establish a program boundary to limit
the geographic area in which the requirements of Sections 33.205(a)
and (b) apply. The boundary is the coastal facility designation
line as defined by Appendix 1 to 31 TAC Section 19.2 as that
appendix existed on the effective date of this section, as modified
by Section 33.203(7). Except as provided by Subsections
(f)(8)-(10), this subchapter does not apply to an agency action
authorizing an activity outside the program boundary.
Added by Acts 1995, 74th Leg., ch. 416, § 4, eff. June 8, 1995.
§ 33.206. COUNCIL ACTION. (a) A proposed action is
consistent with the goals and policies of the coastal management
program and approved by the council unless, on the affirmative vote
of at least two-thirds of the members of the council, the council
determines the action to be inconsistent with the coastal
management program and protests the action.
(b) If the council protests the proposed action, the council
shall report its findings on the matter to the agency or
subdivision. The report shall specify how the proposed action is
inconsistent with the goals and policies of the coastal management
program and include specific recommendations of the council
regarding how the proposed action may be modified or amended to make
it consistent with the program. Before the 21st day after the date
the agency or subdivision receives the report, the agency or
subdivision shall review the findings and recommendations and
determine whether to modify or amend the proposed action to make it
consistent with the goals and policies of the coastal management
program and shall notify the council of its decision.
(c) If an agency or subdivision does not modify or amend a
proposed action to be consistent with the goals and policies of the
coastal management program, the council shall request the attorney
general to issue an opinion on the consistency of the proposed
action with the coastal management program. The agency or
subdivision is stayed from taking the proposed action until the
attorney general issues the opinion. The attorney general shall
issue an opinion before the 26th day after the date the council
requests the opinion.
(d) The council shall adopt procedural rules for the review
of federal actions, activities, and outer continental shelf plans
that incorporate the provisions of federal regulations governing
those reviews. The rules shall provide that the chair or any three
members may request additional information from a federal agency or
additional time for review as provided by the federal regulations.
(e) The council shall review any federal action, activity,
or outer continental shelf plan that any three members of the
council agree presents a significant unresolved issue regarding
consistency with the goals and policies of the coastal management
program and place the matter on the agenda of a meeting of the
council for review.
(f) If an activity requiring an agency or subdivision action
described by Section 33.2053 that falls below thresholds in effect
under Section 33.2052 also requires an equivalent federal permit or
license, the council may only determine the agency or subdivision
action's consistency. If an activity requiring an agency or
subdivision action above thresholds requires an equivalent federal
permit or license, the council may determine the consistency of the
agency or subdivision action or the federal license or permit, but
not both. The determination regarding the consistency of an action
made by the council under this subsection constitutes the state's
determination regarding consistency of the equivalent agency or
subdivision action or federal action.
(g) If, after review, the council finds a proposed federal
agency action or activity or outer continental shelf plan is
inconsistent with the coastal management program, and the federal
agency does not modify the action, activity, or outer continental
shelf plan to achieve consistency with the program, the governor,
with the assistance of the chair of the council, may seek mediation
of the matter in accordance with federal law.
(h) The council may not protest a proposed action by an
agency or subdivision pertaining to an application filed with that
agency or subdivision before the date the coastal management
program is adopted.
Added by Acts 1991, 72nd Leg., ch. 295, § 37, eff. June 7, 1991.
Amended by Acts 1995, 74th Leg., ch. 416, § 4, eff. June 8, 1995.
§ 33.207. COUNCIL RECOMMENDATIONS. In addition to the
report required by Section 33.206, the council:
(1) may periodically submit recommendations to an
agency or subdivision designed to encourage the agency or
subdivision to carry out its functions in a manner consistent with
the coastal management program, including recommendations for
methods to simplify governmental procedures and changes in
applicable rules or statutes; and
(2) shall report to the legislature on:
(A) recommended statutory changes needed to make
more effective and efficient use of public funds and provide for
more effective and efficient management of coastal natural resource
areas, including recommendations on methods to simplify
governmental procedures;
(B) agency or subdivision actions that are not
consistent with the coastal management program; and
(C) population growth of, infrastructure needs
of, and use of resources on the coast.
Added by Acts 1991, 72nd Leg., ch. 295, § 37, eff. June 7, 1991.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
1, 1995; Acts 1995, 74th Leg., ch. 416, § 4, eff. June 8, 1995;
Acts 2001, 77th Leg., ch. 70, § 6, eff. Sept. 1, 2001.
§ 33.208. ENFORCEMENT. (a) The agency or subdivision
with jurisdiction over a proposed action shall enforce the
provisions of the coastal management program.
(b) If the attorney general issues an opinion under Section
33.206(c) that a proposed agency or subdivision action is
inconsistent with the coastal management program and the agency or
subdivision fails to implement the council's recommendation
regarding the action, the attorney general shall file suit in a
district court of Travis County to enforce this subchapter. The
court shall consider the attorney general's opinion in determining
whether the proposed action is consistent with the coastal
management program.
(c) Notwithstanding the request of an opinion from, or the
filing of suit by, the attorney general, the council and the agency
or subdivision may enter into a settlement agreement with regard to
the proposed action. If the council and the agency or subdivision
enter into a settlement agreement, the council may rescind its
request for an opinion from the attorney general.
Added by Acts 1991, 72nd Leg., ch. 295, § 37, eff. June 7, 1991.
Amended by Acts 1995, 74th Leg., ch. 416, § 4, eff. June 8, 1995.
§ 33.209. PROHIBITION ON SPECIAL AREA MANAGEMENT
PLANS. The council may not develop or approve a special area
management plan, including a plan for an area designated under the
national estuary program.
Added by Acts 1995, 74th Leg., ch. 416, § 4, eff. June 8, 1995.
§ 33.210. PRIVATE PROPERTY. The requirements of this
subchapter may not be applied in a manner that would result in the
taking, damage, or destruction of property without adequate
compensation.
Added by Acts 1995, 74th Leg., ch. 416, § 4, eff. June 8, 1995.
§ 33.211. SUNSET PROVISION. The Coastal Coordination
Council is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the council is abolished and this subchapter expires September 1,
2013.
Added by Acts 1995, 74th Leg., ch. 416, § 4, eff. June 8, 1995.
Amended by Acts 1997, 75th Leg., ch. 1169, § 1.01, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 70, § 7, eff. Sept. 1, 2001.
§ 33.212. COMPLAINTS. (a) The council shall maintain
a file on each written complaint filed with the council. The file
must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the council;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the council closed the file without taking action other than to
investigate the complaint.
(b) The council shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the council's policies and procedures relating to complaint
investigation and resolution.
(c) The council, at least quarterly until final disposition
of the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint of the status of the
investigation unless the notice would jeopardize an undercover
investigation.
Added by Acts 2001, 77th Leg., ch. 70, § 8, eff. Sept. 1, 2001.
SUBCHAPTER G. COASTAL WETLAND ACQUISITION
§ 33.231. SHORT TITLE. This subchapter may be cited as
the Coastal Wetland Acquisition Act.
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, § 2, eff. June
13, 1979.
§ 33.232. POLICY. It is the declared policy of the
state:
(1) to protect the property rights of those who sell
interests in land to the state by fairly compensating the sellers;
(2) to protect that coastal wetland which is most
essential to the public interest by acquiring fee and lesser
interests in the coastal wetland and managing it in a manner that
will preserve and protect the productivity and integrity of the
land as coastal wetland; and
(3) to assure that the state does not expend funds to
acquire any coastal wetland to which it already holds a valid title
at the time of the expenditure.
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, § 2, eff. June
13, 1979.
§ 33.233. DEFINITIONS. In this subchapter:
(1) "Acquiring agency" means the Parks and Wildlife
Department.
(2) "Land office " means the General Land Office.
(3) "Coastal wetland" means wetlands underlying or
adjacent to tidal waters in the coastal area.
(4) "Wetlands" has the meaning assigned under
Subchapter J, Chapter 11, Water Code.
(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 Mexico.
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, § 2, eff. June
13, 1979. Amended by Acts 1991, 72nd Leg., ch. 265, § 4, eff.
June 5, 1991.
§ 33.234. DUTIES AND AUTHORITY OF ACQUIRING
AGENCY. (a) The acquiring agency shall do the following:
(1) accept gifts, grants, or devises of interests in
land;
(2) acquire, by purchase or condemnation, fee and
lesser interests in the surface estate in coastal wetland certified
as most essential to protection of the public interest, provided
that in each instance in which an interest in land is acquired by
the acquiring agency pursuant to this section, a sufficient
interest shall be acquired to preserve and protect the productivity
and integrity of such land as coastal wetland; and
(3) manage interests in land acquired pursuant to this
section in a manner that will preserve and protect the productivity
and integrity of the land as coastal wetland.
(b) This subchapter shall not be construed to authorize the
condemnation of any interest in the mineral estate in any coastal
wetland.
(c) The acquiring agency shall promulgate reasonable rules
and regulations necessary to preserve and protect the productivity
and integrity of the land as coastal wetland acquired pursuant to
this subchapter. The rules and regulations shall include
regulations governing activities conducted on the land in
conjunction with mineral exploration, development, and production.
(d) If the acquiring agency seeks to condemn an interest
less than the fee interest in the surface estate in any coastal
wetland, the owner of the coastal wetland may demand that the
acquiring agency instead seek condemnation of the fee interest in
the surface estate in the coastal wetland. Upon this demand, the
acquiring agency shall either:
(1) seek to condemn the fee interest in the surface
estate in the coastal wetland; or
(2) cease all condemnation proceedings pursuant to
this subchapter against the coastal wetland.
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, § 2, eff. June
13, 1979. Amended by Acts 1991, 72nd Leg., ch. 265, § 5, eff.
June 5, 1991.
§ 33.235. AGRICULTURAL EXEMPTION. Coastal wetland used
only for farming or ranching activities, including maintenance and
repair of buildings, earthworks, and other structures, shall not be
subject to any power of condemnation exercised pursuant to this
subchapter. However, this exemption from condemnation shall
terminate upon the receipt by any state or federal agency of an
application for a permit, license, or other authorization to
conduct on the wetland, activities other than farming and ranching
activities, including irrigation and water well drilling, and
activities necessary to exploration, development, or production of
the underlying mineral estate.
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, § 2, eff. June
13, 1979.
§ 33.236. DUTIES AND AUTHORITY TO CERTIFY. (a) The
land office and the acquiring agency, in coordination, shall do the
following:
(1) certify coastal wetlands which are most essential
to the public interest in accordance with criteria developed by the
land office and the acquiring agency under Chapter 14, Parks and
Wildlife Code, and this subchapter, assign priorities for
acquisition of interests in the coastal wetland, and revoke
certification made pursuant to this section when it is in the public
interest to do so; and
(2) publicize the importance to the public interest of
coastal wetland in general, and of designated coastal wetland in
particular.
(b) A certification, assignment of priority for
acquisition, or revocation of certification made pursuant to this
subchapter does not constitute a "contested case" within the
meaning of Chapter 2001, Government Code.
(c) to (h) Repealed by Acts 1991, 72nd Leg., ch. 265, § 7,
eff. June 5, 1991.
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, § 2, eff. June
13, 1979. Amended by Acts 1991, 72nd Leg., ch. 265, § 6, 7, eff.
June 5, 1991; Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff.
Sept. 1, 1995.
§ 33.237. MOST ESSENTIAL COASTAL WETLAND
CERTIFICATION. (a) In selecting and certifying coastal wetland
most essential to the public interest, and in assigning priorities
of acquisition to coastal wetland, the land office and the
acquiring agency shall consider the following criteria:
(1) whether the land is coastal wetland within the
definition, intent, and purpose of this subchapter;
(2) whether the state owns the coastal wetland or
claims title to it, which title can be validated by bringing an
appropriate action in a court of law;
(3) whether the biological, geological, or physical
characteristics of the coastal wetland, including the
interrelationship of the coastal wetland with other coastal
wetland, is essential to the public interest;
(4) the degree to which the coastal wetland is in
danger of being altered, damaged, or destroyed, and the imminence
of that danger; and
(5) the cost of acquiring the coastal wetland.
(b) The legislature declares that certifications,
assignments of priority for acquisition, and revocations of
certifications made pursuant to Section 33.235 of this code are
made only for the purpose of administering the provisions of this
subchapter. No certifications, assignments of priority for
acquisition, or revocations of certification shall be grounds for
an inference, or admissible in a court of law to prove, that any
coastal wetland is of greater or lesser value than any other coastal
wetland for any purpose other than administering the provisions of
this subchapter.
(c) A certification made pursuant to this subchapter shall
expire one year from the date of certification.
(d) If on or before the expiration date of such
certification the acquiring agency files suit in a court of law to
condemn the certified coastal wetland, the certification shall
extend until the suit is settled, dismissed, or otherwise
terminated.
(e) If a contract of sale between the state and the owner of
the certified coastal wetland is entered into on or before the
expiration date of the certification, the certification shall
extend until title to the coastal wetland is conveyed to the state
or the contract is rescinded, invalidated, or otherwise terminated.
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, § 2, eff. June
13, 1979. Amended by Acts 1991, 72nd Leg., ch. 265, § 8, eff.
June 5, 1991.
§ 33.238. FUNDING. The acquiring agency may compensate
the seller of land acquired pursuant to this subchapter with funds
obtained through:
(1) gift, grant, or devise;
(2) legislative appropriation; or
(3) gift or grant from the United States.
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, § 2, eff. June
13, 1979.
SUBCHAPTER H. COASTAL EROSION
§ 33.601. DEFINITIONS. In this subchapter:
(1) "Account" means the coastal erosion response
account established under Section 33.604.
(2) "Beach nourishment" means the placement of
beach-quality sediment on an eroded beach to restore it as a
recreational beach, provide storm protection for upland property,
maintain a restored beach by the replacement of sand, or serve other
similar beneficial purposes.
(3) "Coastal erosion" means the loss of land, marshes,
wetlands, beaches, or other coastal features within the coastal
zone because of the actions of wind, waves, tides, storm surges,
subsidence, or other forces.
(4) "Critical coastal erosion area" means a coastal
area that is experiencing historical erosion, according to the most
recently published data of the Bureau of Economic Geology of The
University of Texas at Austin, that the commissioner finds to be a
threat to:
(A) public health, safety, or welfare;
(B) public beach use or access;
(C) general recreation;
(D) traffic safety;
(E) public property or infrastructure;
(F) private commercial or residential property;
(G) fish or wildlife habitat; or
(H) an area of regional or national importance.
(5) "Erosion response project" means an action
intended to address or mitigate coastal erosion, including beach
nourishment, sediment management, beneficial use of dredged
material, creation or enhancement of a dune, wetland, or marsh, and
construction of a breakwater, bulkhead, groin, jetty, or other
structure.
(6) "Hard structure" means an erosion response
structure such as a bulkhead, seawall, revetment, jetty, groin, or
similar structure that is the functional equivalent of one of those
structures.
(7) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(8) "Local government" means a political subdivision
of this state.
(9) "Project cooperation agreement" means a contract
executed by the land office and a qualified project partner that
explicitly defines the terms under which a study or project will be
conducted.
(10) "Public beach" has the meaning assigned by
Section 61.013.
(11) "Qualified project partner" means a local
government, state or federal agency, institution of higher
education, homeowners' association, or other public or private
entity that enters into an agreement with the land office to
finance, study, design, install, or maintain an erosion response
project.
(12) "Shared project cost" means a project cost
identified by the commissioner and established in a project
cooperation agreement that will be shared with a qualified project
partner.
Added by Acts 1999, 76th Leg., ch. 508, § 5, eff. Sept. 1, 1999.
§ 33.602. COASTAL EROSION DUTIES AND
AUTHORITY. (a) The land office shall implement a program of
coastal erosion avoidance, remediation, and planning. The
commissioner shall ensure that erosion avoidance, remediation, and
planning protect the common law rights of the public in public
beaches as affirmed by Subchapter B, Chapter 61.
(b) The commissioner shall publish and periodically update
a coastal erosion response plan. The commissioner shall develop
the plan in coordination with state and federal agencies and local
governments and provide for public input on the plan. The plan must
identify critical coastal erosion areas and prioritize coastal
erosion response studies and projects so that:
(1) benefits are balanced throughout the coast;
(2) federal and local financial participation is
maximized;
