reglab/housing_qa huggingface dataset:
TX Nat Res Code § 33.236 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter G. Coastal Wetland Acquisition|Section 33.236. Duties and Authority to Certify

Sec. 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this subchapter does not constitute a "contested case" within the meaning of Chapter 2001, Government Code.(c)  to (h) Repealed by Acts 1991, 72nd Leg., ch. 265, Sec. 7, eff. June 5, 1991.|Added by Acts 1979, 66th Leg., p. 1993, ch. 785, Sec. 2, eff. June 13, 1979.  Amended by Acts 1991, 72nd Leg., ch. 265, Secs. 6, 7, eff. June 5, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.|
TX Nat Res Code § 33.237 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter G. Coastal Wetland Acquisition|Section 33.237. Most Essential Coastal Wetland Certification

Sec. 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, Sec. 2, eff. June 13, 1979.  Amended by Acts 1991, 72nd Leg., ch. 265, Sec. 8, eff. June 5, 1991.|
TX Nat Res Code § 33.238 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter G. Coastal Wetland Acquisition|Section 33.238. Funding

Sec. 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, Sec. 2, eff. June 13, 1979.|
TX Nat Res Code § 33.601 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter H. Coastal Erosion|Section 33.601. Definitions

Sec. 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, Sec. 5, eff. Sept. 1, 1999.|
TX Nat Res Code § 33.602 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter H. Coastal Erosion|Section 33.602. Coastal Erosion Duties and Authority

Sec. 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 designated by the commissioner and prioritize coastal erosion response studies and projects so that:(1)  benefits are balanced among areas throughout the coast designated by the commissioner as critical coastal erosion areas;(2)  federal and local financial participation is maximized;(3)  studies and projects are scheduled to achieve efficiencies and economies of scale;  and(4)  the severity of erosion effects in each area is taken into account.(c)  The commissioner may adopt rules necessary to implement this subchapter.(d)  The commissioner shall adopt rules requiring that beach-quality sand dredged in constructing and maintaining navigation inlets and channels of the state be placed on eroding beaches or to restore eroding wetlands wherever practicable.(e)  In order to determine which areas should be designated as critical coastal erosion areas and guide the allocation of resources, the commissioner may conduct a coast-wide analysis of the costs and benefits of coastal erosion avoidance, remediation, and planning.  An analysis conducted under this subsection may consider:(1)  historical erosion rates in an area;(2)  the elevation of an area adjacent to the shoreline;(3)  the presence of critical infrastructure in an area adjacent to the shoreline;(4)  the population density of an area adjacent to the shoreline;(5)  the presence of economic activity conducted in an area adjacent to the shoreline;(6)  the presence of critical natural resources in an area adjacent to the shoreline;(7)  anthropogenic contributions to erosion; and(8)  any other factor identified as relevant by the commissioner.|Added by Acts 1991, 72nd Leg., ch. 295, Sec. 3, eff. June 7, 1991.  Renumbered from Sec. 33.601 and amended by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1405, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 15 (H.B. 2074), Sec. 1, eff. September 1, 2009.|
TX Nat Res Code § 33.604 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter H. Coastal Erosion|Section 33.604. Coastal Erosion Response Account

Sec. 33.604.  COASTAL EROSION RESPONSE ACCOUNT.  (a)  The coastal erosion response account is an account in the general revenue fund that may be appropriated only to the commissioner and used only for the purpose of implementing this subchapter and administration of the coastal management program as provided in Subchapter F.(b)  The account consists of:(1)  all money appropriated for the purposes of this subchapter;(2)  grants to this state from the United States for the purposes of this subchapter; (3)  all money received by this state from the sale of dredged material; and(4)  penalties or costs collected under Section 61.0184 or 63.1814.(b-1)  In addition to the money described by Subsection (b), the account consists of money transferred to the account under Section 156.252, Tax Code.  This subsection expires September 1, 2031.(c)  The account is exempt from the application of Section 403.095, Government Code.|Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 4, eff. September 1, 2007.Acts 2019, 86th Leg., R.S., Ch. 1018 (H.B. 6), Sec. 4, eff. September 1, 2019.|
TX Nat Res Code § 33.605 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter H. Coastal Erosion|Section 33.605. Uses of Account

Sec. 33.605.  USES OF ACCOUNT.  (a)  Money in the account may be used for:(1)  any action authorized by this subchapter; and(2)  the administration of the coastal management program as provided in Subchapter F.(b)  The commissioner must approve an expenditure from the account.  In determining whether to approve an expenditure for a study or project, the commissioner shall consider:(1)  the amount of money in the account;(2)  the feasibility and cost-effectiveness of the study or project;(3)  the locations of other existing or proposed erosion response projects;(4)  the needs in other critical coastal erosion areas;(5)  the effect of the study or project on public or private property; and(6)  if the site to be studied or project to be conducted will be located within the jurisdiction of a local government subject to Chapter 61 or 63:(A)  whether the local government is adequately administering those chapters; and(B)  the plan for reducing public expenditures for erosion and storm damage losses prepared by the local government under Section 33.607.|Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 2, eff. June 17, 2005.Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 4, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 14 (H.B. 2073), Sec. 1, eff. September 1, 2009.|
TX Nat Res Code § 33.606 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter H. Coastal Erosion|Section 33.606. Grants and Gifts

Sec. 33.606.  GRANTS AND GIFTS.  The commissioner may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out the powers and duties provided by this subchapter.|Added by Acts 1991, 72nd Leg., ch. 295, Sec. 3, eff. June 7, 1991.  Renumbered from Sec. 33.603 by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.|
TX Nat Res Code § 33.608 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter H. Coastal Erosion|Section 33.608. Report to Legislature

Sec. 33.608.  REPORT TO LEGISLATURE.  Each biennium, the commissioner shall submit to the legislature a report listing:(1)  each critical erosion area;(2)  each proposed erosion response study or project;(3)  an estimate of the cost of each proposed study or project described by Subdivision (2);(4)  each coastal erosion response study or project funded under this subchapter during the preceding biennium;(5)  the economic and natural resource benefits from each coastal erosion response study or project described by Subdivision (4);(6)  the financial status of the account;  and(7)  an estimate of the cost of implementing this subchapter during the succeeding biennium.|Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.|
TX Nat Res Code § 33.609 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter H. Coastal Erosion|Section 33.609. Landowner Consent

Sec. 33.609.  LANDOWNER CONSENT.  (a)  The commissioner may not undertake a coastal erosion response project on:(1)  permanent school fund land without first obtaining the written consent of the school land board;  or(2)  private property, other than that encumbered by the common law rights of the public affirmed by Chapter 61, without first obtaining the written consent of the property owner.(b)  If the commissioner cannot determine the identity of or locate a property owner, consent is considered to have been given if:(1)  the commissioner publishes a notice of the project at least once a week for two consecutive weeks in the newspaper having the largest circulation in the county in which the project is located;  and(2)  the property owner does not object on or before the 20th day after the last date notice is published under Subdivision (1).|Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.|
TX Nat Res Code § 33.610 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter H. Coastal Erosion|Section 33.610. Removal of Submerged Land From Appraisal and Tax Rolls

Sec. 33.610.  REMOVAL OF SUBMERGED LAND FROM APPRAISAL AND TAX ROLLS.  (a)  If the commissioner determines that land has become submerged by erosion or subsidence and as a result is dedicated to the permanent school fund, the commissioner may notify in writing the appraisal district that appraises the land for ad valorem tax purposes and each taxing unit that imposes taxes on the land.  The notice must include a legal description of the land.(b)  On receipt of notice under Subsection (a):(1)  the appraisal district shall remove the land from the appraisal roll;  and(2)  each taxing unit shall remove the land from its tax roll.|Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.|
TX Nat Res Code § 33.611 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter H. Coastal Erosion|Section 33.611. Immunity

Sec. 33.611.  IMMUNITY.  (a)  This state, the commissioner, and land office staff are immune from suit for damages and from liability for an act or omission related to:(1)  the approval, disapproval, funding, or performance of a coastal erosion response activity, including an erosion response study or project or a survey;  or(2)  the failure of an erosion response project undertaken by the commissioner under this subchapter to fulfill its intended purpose.(b)  The immunity granted by this section does not apply to an act or omission that is intentional, wilfully or wantonly negligent, or committed with conscious indifference or reckless disregard for the safety of others.|Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.|
TX Nat Res Code § 33.612 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter H. Coastal Erosion|Section 33.612. Judicial Review

Sec. 33.612.  JUDICIAL REVIEW.  (a)  Judicial review of rights affected by an action of this state, the commissioner, or land office staff under this subchapter is under the substantial evidence rule.  In order to prevail, a person seeking review must prove that the action complained of was arbitrary, capricious, or otherwise not in accordance with law.(b)  Venue for an action relating to this subchapter is in Travis County.|Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.|
TX Nat Res Code § 33.613 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter H. Coastal Erosion|Section 33.613. Closure or Modification of Certain Man-Made Passes

Sec. 33.613.  CLOSURE OR MODIFICATION OF CERTAIN MAN-MADE PASSES.  (a)  Notwithstanding Sections 66.204 and 81.103, Parks and Wildlife Code, the commissioner may undertake the closure or modification of a man-made pass or its environs between the Gulf of Mexico and an inland bay if:(1)  the commissioner determines that the pass causes or contributes to significant erosion of the shoreline of the adjacent beach;(2)  the pass is not a public navigational channel constructed or maintained by the federal government; and(3)  the land office receives legislative appropriations or other funding for that purpose.(b)  If the closing of a man-made pass under this section results in a loss of public recreational opportunities, the commissioner shall develop, in consultation with the Parks and Wildlife Department and the county and, if applicable, the municipality in which the pass is located, and approve a plan to mitigate the loss.  In developing the plan, the commissioner is strongly encouraged to assess the feasibility of installing fishing piers, boat ramps, and other facilities that provide public recreational opportunities.  The plan must be presented to the public for comment before the commissioner approves it.|Added by Acts 2009, 81st Leg., R.S., Ch. 66 (S.B. 2043), Sec. 1, eff. September 1, 2009.|
TX Nat Res Code § 33.651 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter I. Coastal Protection and Improvement|Section 33.651. Definitions

Sec. 33.651.  DEFINITIONS.  In this subchapter:(1)  "Bond" means any type of interest-bearing obligation, including a bond, note, bond anticipation note, certificate of participation, lease, contract, or other evidence of indebtedness issued by a coastal county to pay the project costs of a qualified project.(2)  "Coastal county" means a county that borders on the Gulf of Mexico.(3)  "Coastal erosion" has the meaning assigned by Section 33.601.(4)  "Coastal improvement project" means a project to improve access to a public beach by:(A)  acquiring fee title to property or a right of public access to a public beach;(B)  constructing or maintaining public roads, parking, or other facilities in aid of public access to or use of a public beach;(C)  requiring a landowner, as prescribed by land office rules, to restore land affected by coastal erosion to its original boundaries; or(D)  implementing a building set-back line established under Section 33.607.(5)  "Coastal protection project" means a project to address or mitigate coastal erosion.(6)  "Coastal protection and improvement fund" means the coastal protection and improvement fund created under Section 33.653.(7)  "County coastal protection and improvement fund" means a county coastal protection and improvement fund created by a coastal county under Section 33.655.(8)  "Project cost" means a cost or expense incurred in relation to a qualified project, including the cost of:(A)  designing, engineering, acquiring, constructing, maintaining, improving, extending, repairing, replacing, monitoring, removing, or administering a qualified project; or(B)  financing a qualified project, including the cost of issuing bonds and the payment of principal, interest, and redemption price.(9)  "Public beach" has the meaning assigned by Section 61.013.(10)  "Qualified agreement" means an agreement between the land office and a coastal county in accordance with Section 33.657.(11)  "Qualified payment" means a payment by the commissioner to a coastal county from the coastal protection and improvement fund, as provided by this subchapter, that has been approved in amount and qualification for payment by the land office and the applicable coastal county.(12)  "Qualified project" means a coastal protection or improvement project that qualifies for funding under Section 33.656.|Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 7, eff. September 1, 2007.|
TX Nat Res Code § 33.652 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 33 - Management of Coastal Public Land|Subchapter I. Coastal Protection and Improvement|Section 33.652. Applicability of Subchapter to Certain Municipalities

Sec. 33.652.  APPLICABILITY OF SUBCHAPTER TO CERTAIN MUNICIPALITIES.  The provisions of this subchapter relating to coastal counties apply to a municipality if all or substantially all of the gulf beach within a coastal county is located within the boundaries of the municipality.|Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.|