reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 32 - School Land Board › Subchapter F. Lease of Highway Lands › Section 32.202. Pooling

Sec. 32.202.  POOLING.  Any oil and gas lease offered under Sec. 32.201 of this code shall provide:
(1)  authority for pooling all of the leased area into units of no more than 160 acres for an oil well or 640 acres for a gas well plus a 10 percent tolerance or of a unit size allowed under or prescribed by rules of the Railroad Commission of Texas;
(2)  that the production allocable to the state lease shall be based upon the surface acreage of the state lease included in the unit;
(3)  that the unit operations, production from any portion of the unit or payment of shut-in gas well royalty on a lease or unit well shall be considered for all purposes to be the conduct of operations and production on the state lease;  and
(4)  that neither unit production of oil or gas, nor unit operations, nor payment of shut-in royalties from a unit gas well, shall serve to hold the lease in force as to any area outside the unit, regardless of whether the production, maintenance of a shut-in gas well, or operations are actually located on the state tract or not.
Added by Acts 1985, 69th Leg., ch. 327, Sec. 3, eff. June 8, 1985.  Renumbered from Sec. 34.0512 by Acts 1987, 70th Leg., ch. 167, Sec. 6.05(a), eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 6.05(b), eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 642, Sec. 3, eff. Aug. 26, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 32 - School Land Board › Subchapter F. Lease of Highway Lands › Section 32.203. Compensatory Royalty

Sec. 32.203.  COMPENSATORY ROYALTY.  Compensatory royalty shall be paid to the state on any lease offered and granted under Section 32.201 of this code if the lease is not being held by production on the tract, by production from a pooled unit, or by payment of shut-in royalties in accordance with the terms of the lease, and if oil or gas is sold and delivered in paying quantities from a well located within 2,500 feet of the leased premises and completed in a producible reservoir underlying the state lease or in any case in which drainage is occurring.  Such compensatory royalty shall be paid at the royalty rate provided in the state lease based on the value of production from the well as provided in the lease on which such well is located.  The compensatory royalty shall be paid in the same proportion that the acreage of the state lease has to the acreage of the state lease plus the acreage of a standard proration unit under statewide field rules or, if applicable, the special field rules adopted by the Railroad Commission of Texas for the field in which the well has been completed.  The compensatory royalty is to be paid monthly to the commissioner on or before the last day of the month next succeeding the month in which the oil or gas is sold and delivered from the well.  Notwithstanding anything herein to the contrary, compensatory royalty payable under this section shall be no less than an amount equal to double the annual rental payable under the state lease.  Payment of compensatory royalty shall maintain the state lease in force and effect for so long as such payments are made as provided in this section.
Added by Acts 1985, 69th Leg., ch. 327, Sec. 3, eff. June 8, 1985.  Renumbered from Sec. 34.0513 by Acts 1987, 70th Leg., ch. 167, Sec. 6.05(a), eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 6.05(b), eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 10, eff. June 19, 2009.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 32 - School Land Board › Subchapter F. Lease of Highway Lands › Section 32.204. Lease Provisions

Sec. 32.204.  LEASE PROVISIONS.  Any lease offered under Section 32.201 of this code shall contain a sufficient description of the land to be leased to enable the tract to be located on the ground.  All other terms and conditions of the lease shall be identical to those contained in the lease covering such adjacent land, provided the terms and conditions are not inconsistent with any laws of this state.  In the event there is more than one lease covering such land, the terms and conditions of the lease shall be no less favorable to the state than the most favorable of such leases.  In those instances where the adjoining land is not covered by an existing oil and gas lease, all other terms and conditions of the lease shall be set by the board.
Added by Acts 1985, 69th Leg., ch. 327, Sec. 3, eff. June 8, 1985.  Renumbered from Sec. 34.0514 by Acts 1987, 70th Leg., ch. 167, Sec. 6.05(a), eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 6.05(b), (f)(3), eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 32 - School Land Board › Subchapter F. Lease of Highway Lands › Section 32.205. Rules

Sec. 32.205.  RULES.  The board may adopt rules to carry out the provisions of this chapter.
Added by Acts 1985, 69th Leg., ch. 327, Sec. 3, eff. June 8, 1985.  Renumbered from Sec. 34.0515 by Acts 1987, 70th Leg., ch. 167, Sec. 6.05(a), eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 6.05(f)(4), eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 32 - School Land Board › Subchapter F. Lease of Highway Lands › Section 32.206. Ratifications and Other Agreements

Sec. 32.206.  RATIFICATIONS AND OTHER AGREEMENTS.  (a)  The board may approve by rule or order a ratification or other agreement that includes in the benefits of production a mineral or royalty interest in land owned by the state that was acquired to construct or maintain a highway, road, street, or alley.
(b)  An agreement approved by the board under this section must be executed by the commissioner to be effective.
(c)  This section does not apply to an interest subject to pooling or unitization by a lessee under a lease issued under this subchapter.
Added by Acts 1993, 73rd Leg., ch. 897, Sec. 15, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 32 - School Land Board › Subchapter F. Lease of Highway Lands › Section 32.207. Advertising for Bids; Pooling

Sec. 32.207.  ADVERTISING FOR BIDS; POOLING.  Section 52.076 applies to oil and gas under land owned by this state that was acquired to construct or maintain a highway, road, street, or alley in the same manner as that section applies to oil and gas under a riverbed or channel.
Added by Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 11, eff. June 19, 2009.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 32 - School Land Board › Subchapter G. Trade of Land › Section 32.251. Authority of Board, in Conjunction With Land Office, to Trade Land

Sec. 32.251.  AUTHORITY OF BOARD, IN CONJUNCTION WITH LAND OFFICE, TO TRADE LAND.  The Board, in conjunction with the land office, may trade fee and lesser interests in land dedicated to the permanent school fund for fee and lesser interests in land not dedicated to that fund if the board and the commissioner determine that the trade is in the best public interest of the people of this state.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 13.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 32 - School Land Board › Subchapter G. Trade of Land › Section 32.252. Authority of State Agency or Political Subdivision to Sell or Exchange Real Property

Sec. 32.252.  AUTHORITY OF STATE AGENCY OR POLITICAL SUBDIVISION TO SELL OR EXCHANGE REAL PROPERTY.  (a)  A State Agency Or Political subdivision may directly sell or exchange real property belonging to the state agency or political subdivision with the board for land dedicated to the permanent school fund if the exchange is for fair market value.
(b)  Section 272.001, Local Government Code, does not apply to an exchange under this section.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 13.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 32 - School Land Board › Subchapter G. Trade of Land › Section 32.253. Purpose of Trade

Sec. 32.253.  PURPOSE OF TRADE.  Land dedicated to or acquired for the use and benefit of the permanent school fund may be traded to:
(1)  aggregate sufficient acreage of contiguous land to create a manageable unit;
(2)  acquire land having unique biological, geological, cultural, or recreational value;
(3)  create a buffer zone for the enhancement of already existing public land, facilities, or amenities; or
(4)  acquire land for the use and benefit of the permanent school fund as determined by the board to be in the best interest of the fund.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 13.001(a), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 12, eff. June 19, 2009.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 32 - School Land Board › Subchapter G. Trade of Land › Section 32.255. Deed Required

Sec. 32.255.  DEED REQUIRED.  (a)  A trade of land dedicated to the permanent school fund may be made only by a deed signed jointly by the commissioner and the governor.
(b)  The governor's failure to sign the deed is a veto of the proposed trade.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 13.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 32 - School Land Board › Subchapter G. Trade of Land › Section 32.256. Dedication of Acquired Land to Fund

Sec. 32.256.  DEDICATION OF ACQUIRED LAND TO FUND.  Land acquired by the board by trade under this subchapter is dedicated to the permanent school fund.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 13.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 32 - School Land Board › Subchapter G. Trade of Land › Section 32.257. Subsurface Mineral Rights

Sec. 32.257.  SUBSURFACE MINERAL RIGHTS.  (a)  If this state retains the subsurface mineral rights to the oil, gas, and other minerals in permanent school fund land traded under this subchapter, an unrestricted right of ingress to and egress from the land by this state and its lessees shall be retained for the purpose of exploration, development, and production of the oil, gas, and other minerals to which the rights are retained by this state.
(b)  This state is entitled to lease the subsurface mineral rights retained under this section in the same manner and under the same conditions as subsurface mineral rights are leased in permanent school fund land in which this state owns the surface title and the subsurface mineral rights.
(c)  A lessee of the subsurface mineral rights retained under this section is liable to the owner of the land for actual damages to the land that may occur as a result of exploration for and development and production of the oil, gas, and other minerals to which rights are retained under this section.
(d)  Notwithstanding anything to the contrary in this subchapter, the board, to complete a trade of equal value, may convey the surface estate and reserve the oil, gas, and other minerals, with the surface owner acting as agent for the state under:
(1)  Subchapter F, Chapter 52, in leasing the land for oil and gas and receiving one-half the bonus, rental, and royalty for acting as agent for the state in leasing the land and as compensation for surface damages;  or
(2)  Subchapter C, Chapter 53, in leasing the land for sulphur, coal, lignite, uranium, or potash and receiving 40 percent of the bonus, rental, and royalty for acting as agent for the state in leasing the land and as compensation for surface damages.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 13.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 32 - School Land Board › Subchapter G. Trade of Land › Section 32.258. Report to Legislature

Sec. 32.258.  REPORT TO LEGISLATURE.  (a)  The board shall report to the legislature a trade of land dedicated to the permanent school fund.  The board shall report the trade at:
(1)  the first regular session of the legislature occurring after the trade if the legislature is not meeting in regular session at the time the trade is made;  or
(2)  the regular session of the legislature occurring at the time of the trade if the legislature is meeting in regular session at the time the trade is made.
(b)  The report must state the facts that warranted the trade.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 13.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter A. General Provisions › Section 33.001. Policy

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter A. General Provisions › Section 33.002. Purpose

Sec. 33.002.  PURPOSE.  The purpose of this chapter is to implement the policies stated in Section 33.001 by delegating to the board, assisted by the appropriate 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, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter A. General Provisions › Section 33.003. Short Title

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter A. General Provisions › Section 33.004. Definitions

Sec. 33.004.  DEFINITIONS.  In this chapter:
(1)  "Land office" means the General Land Office.
(2)  "Commissioner" means the Commissioner of the General Land Office.
(2-a)  "Committee" means the Coastal Coordination Advisory Committee.
(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)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 96, Sec. 19(1), eff. September 1, 2011.
(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).
(15)  "Network" means the Texas Coastal Ocean Observation Network.
Acts 1977, 65th Leg., p. 2383, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1995, 74th Leg., ch. 416, Sec. 1, eff. June 8, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 719 (S.B. 471), Sec. 1, eff. June 17, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 19(1), eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter A. General Provisions › Section 33.005. Effect of Chapter

Sec. 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, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(100), eff. Sept. 1, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter B. Administrative Provisions › Section 33.011. Board to Administer, Implement, and Enforce Chapter

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter B. Administrative Provisions › Section 33.012. Land Office to Assist Board

Sec. 33.012.  LAND OFFICE TO ASSIST BOARD.  The appropriate 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, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter B. Administrative Provisions › Section 33.013. Additional Personnel

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter B. Administrative Provisions › Section 33.015. Special Account

Sec. 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, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 991, Sec. 9, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter B. Administrative Provisions › Section 33.016. Disposition of Other Funds

Sec. 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, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 328, Sec. 5, eff. Jan. 1, 2004.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter C. Powers and Duties › Section 33.051. General Duty

Sec. 33.051.  GENERAL DUTY.  The board, the commissioner, the land office, and the network shall perform the duties provided in this subchapter.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 33, eff. June 7, 1991;  Acts 1995, 74th Leg., ch. 416, Sec. 2, eff. June 8, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 719 (S.B. 471), Sec. 2, eff. June 17, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter C. Powers and Duties › Section 33.052. Development of Coastal Management Program

Sec. 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.
(b)  In developing the program, the land office shall act as the lead agency to coordinate and implement a comprehensive coastal management program for the management of uses affecting coastal natural resource areas, in cooperation with other state agencies that have duties relating to coastal matters.  The program shall implement the policies stated in Section 33.202 and shall include the elements listed in Section 33.053.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 96, Sec. 19(2), eff. September 1, 2011.
(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 commissioner, and the board.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1989, 71st Leg., ch. 1145, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 295, Sec. 34, eff. June 7, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.263, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 165, Sec. 22(52), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 416, Sec. 2, eff. June 8, 1995;  Acts 2001, 77th Leg., ch. 70, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 5, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 6, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 19(2), eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter C. Powers and Duties › Section 33.054. Review and Amendment of Management Program

Sec. 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, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 35, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter C. Powers and Duties › Section 33.055. Public Hearings to Consider Coastal Management Program

Sec. 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 shall hold or have held public hearings as the commissioner determines to be appropriate.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 36, eff. June 7, 1991;  Acts 1995, 74th Leg., ch. 416, Sec. 2, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter C. Powers and Duties › Section 33.056. Structures on Land Adjacent to Coastal Public Land

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter C. Powers and Duties › Section 33.057. Gifts of Interests in Land

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter C. Powers and Duties › Section 33.058. Purchase of Fee and Lesser Interests in Land

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter C. Powers and Duties › Section 33.059. Studies

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter C. Powers and Duties › Section 33.060. Locating and Marking Boundaries

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter C. Powers and Duties › Section 33.061. Complaints

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter C. Powers and Duties › Section 33.062. Designated Official Representative

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter C. Powers and Duties › Section 33.063. Fees

Sec. 33.063.  FEES.  The board may prescribe reasonable filing fees and fees for granting leases, easements, permits, and other interests in or rights to use coastal public land.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter C. Powers and Duties › Section 33.064. Rules

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter C. Powers and Duties › Section 33.065. Texas Coastal Ocean Observation Network

Sec. 33.065.  TEXAS COASTAL OCEAN OBSERVATION NETWORK.  (a)  The Texas Coastal Ocean Observation Network is a cooperative project of Texas A&M University--Corpus Christi, Lamar University, the Texas Water Development Board, and the land office.
(b)  The network shall collect data on natural processes affecting the coast for the purpose of studying, planning for, and managing human uses of the coast as they are affected by those natural processes.
(c)  The participating state entities shall coordinate the project with the United States Army Corps of Engineers, the National Oceanic and Atmospheric Administration, and other appropriate entities, including private entities.
(d)  The participating state entities may contract and enter into agreements with the United States Army Corps of Engineers, the National Oceanic and Atmospheric Administration, and other appropriate entities, including private entities, as necessary to carry out their duties under this section.
Added by Acts 2005, 79th Leg., Ch. 719 (S.B. 471), Sec. 3, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.101. Application to Acquire Rights in Coastal Public Land

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.102. Contents of Application

Sec. 33.102.  CONTENTS OF APPLICATION.  The application to acquire rights in coastal public land shall include any information the board considers necessary to process the application, including information necessary to evaluate the purpose for which the land is to be used.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.103. Interests Which May Be Granted by the Board

Sec. 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;
(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; and
(5)  subject to Section 33.001(g), any other interest in coastal public land for any purpose if the board determines that the grant is in the best interest of the state.
(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, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 923, Sec. 1, eff. Aug. 26, 1985;  Acts 2003, 78th Leg., ch. 149, Sec. 12, eff. May 27, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.104. Determination of Terms of Grant; Consummation of Transaction

Sec. 33.104.  DETERMINATION OF TERMS OF GRANT; CONSUMMATION OF TRANSACTION.  If the board approves the application, the board shall determine the terms, conditions, and consideration for the grant of an interest in or right to use coastal public land and may consummate the transaction.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.105. Persons to Whom Interest in Land May Be Granted

Sec. 33.105.  PERSONS TO WHOM INTEREST IN LAND MAY BE GRANTED.  The board may grant to any person an interest in coastal public land if the board determines that the grant is in the best interest of the state.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.106. Policies, Provisions, and Conditions of Leases

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.107. Protection of Rights

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.108. Rights of the Public

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.109. Counties and Cities Eligible to Lease Coastal Public Land

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.110. Contracts and Franchises

Sec. 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)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1256, Sec. 24, eff. September 1, 2007.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 24, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.111. Granting Easements

Sec. 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, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 923, Sec. 2, eff. Aug. 26, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.112. Failure to Obtain an Easement

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.113. Interpretation of Easement Grant

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.114. Policies, Provisions, and Conditions of Easements

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.115. Piers

Sec. 33.115.  PIERS.  (a)  Without obtaining an easement from the board, the owner of littoral property may construct a pier on adjacent coastal public land if the pier:
(1)  is not used for 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)  In addition to the provisions of Subsection (a), the board may adopt rules with limitations and requirements that are consistent with the policies stated in Section 33.001 of this code that allow an owner of littoral property to construct a pier with associated appurtenances on adjacent coastal public land without first obtaining an easement from the board.
(c)  The location and dimensions of the pier and description of any associated appurtenances must be registered with the board in the manner provided in this chapter.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2001, 77th Leg., ch. 366, Sec. 1, eff. May 26, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 58 (H.B. 932), Sec. 1, eff. May 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.116. Failure to Register Pier

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.117. Public Policy of State to Be Considered

Sec. 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, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter D. Rights in Coastal Public Land › Section 33.118. Single Permit

Sec. 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, Sec. 1, eff. Sept. 1, 1977.