reglab/statecodes huggingface dataset:
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 33.119. Issuance of Permits

Sec. 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, 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 33.120. Failure to Obtain a Permit

Sec. 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, 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 33.121. Unauthorized Structures

Sec. 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, 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 33.122. Exception to Permit Requirement

Sec. 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, 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 33.123. Policies, Provisions, and Conditions of Permits

Sec. 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, 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 33.124. Permits Prohibited for Certain Structures

Sec. 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  privately owned littoral residential property, without written consent of the littoral owner.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 42 (H.B. 708), Sec. 1, eff. May 13, 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 33.125. Automatic Revocation and Termination of a Permit

Sec. 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, 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 33.126. Termination of Permit by Board

Sec. 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, 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 33.127. Terms and Renewal of Permits

Sec. 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, 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 33.128. Use of Previously Unauthorized Structures

Sec. 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, 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 33.129. Prohibitions on the Grant of Permits

Sec. 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, 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 33.130. Repairs and Rebuilding

Sec. 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, 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 33.131. Structures as Property of the State

Sec. 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, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 991, Sec. 10, 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 D. Rights in Coastal Public Land › Section 33.132. Registration by Board

Sec. 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, 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 33.133. Remedies Cumulative

Sec. 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, 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 33.134. Use and Development of Land by Littoral Owner

Sec. 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, 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 33.135. Notice to Purchaser or Grantee of Coastal Area Property

Sec. 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, Sec. 11, 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 E. Enforcement and Appeal › Section 33.171. Enforcement of Rights of Littoral Owners

Sec. 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, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 147, Sec. 1, 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 E. Enforcement and Appeal › Section 33.172. Venue

Sec. 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, 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 E. Enforcement and Appeal › Section 33.173. Right to Appeal

Sec. 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, 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 E. Enforcement and Appeal › Section 33.174. Time for Filing Petition

Sec. 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, 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 E. Enforcement and Appeal › Section 33.175. Service of Citation

Sec. 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, 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 E. Enforcement and Appeal › Section 33.176. Issue on Appeal

Sec. 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, 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 F. Coastal Coordination › Section 33.201. Short Title

Sec. 33.201.  SHORT TITLE.  This subchapter may be cited as the Coastal Coordination Act.
Added by Acts 1979, 66th Leg., p. 1991, ch. 785, Sec. 1, eff. June 13, 1979.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 37, 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 F. Coastal Coordination › Section 33.202. Policy

Sec. 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, Sec. 1, eff. June 13, 1979.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 37, eff. June 7, 1991;  Acts 1995, 74th Leg., ch. 416, Sec. 3, eff. June 8, 1995.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter F. Coastal Coordination › Section 33.204. Administration of Coastal Management Program

Sec. 33.204.  ADMINISTRATION OF COASTAL MANAGEMENT PROGRAM.  (a)  The commissioner 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)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 96, Sec. 19(4), eff. September 1, 2011.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 96, Sec. 19(4), eff. September 1, 2011.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 96, Sec. 19(4), eff. September 1, 2011.
(e)  In conducting consistency reviews under Section 33.205, the commissioner 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 commissioner 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 commissioner 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 commissioner may hold a hearing and make findings necessary to a complete and thorough review.
(f)  The land office, in coordination with other agencies and subdivisions, shall prepare a biennial report on the effectiveness of the coastal management program.  On or before January 15 of each odd-numbered year, the land office shall send the report to the legislature.
(g)  The commissioner may award grants to projects that further the goals and policies of the coastal management program.  The commissioner shall establish the procedures for making any determination related to awarding a grant.
Added by Acts 1979, 66th Leg., p. 1991, ch. 785, Sec. 1, eff. June 13, 1979.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 37, eff. June 7, 1991;  Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8, 1995;  Acts 2001, 77th Leg., ch. 70, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 22 (S.B. 803), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 8, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 19(4), eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 259 (H.B. 622), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter F. Coastal Coordination › Section 33.2041. Coastal Coordination Advisory Committee

Sec. 33.2041.  COASTAL COORDINATION ADVISORY COMMITTEE.  (a)  The commissioner by rule shall establish the Coastal Coordination Advisory Committee to advise the commissioner on matters related to the coastal management program.  The committee shall consist of:
(1)  a representative of each of the following entities designated by the presiding officer of that entity:
(A)  the land office;
(B)  the Parks and Wildlife Department;
(C)  the Texas Commission on Environmental Quality;
(D)  the Railroad Commission of Texas;
(E)  the Texas Water Development Board;
(F)  the Texas Department of Transportation;
(G)  the State Soil and Water Conservation Board; and
(H)  the Texas Sea Grant College Program to serve as a nonvoting member; and
(2)  the following members to be appointed by the commissioner:
(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 commissioner by rule shall establish the terms of office for and duties of committee members.
(c)  Chapter 2110, Government Code, does not apply to the size, composition, or duration of the committee.
Added by Acts 2001, 77th Leg., ch. 70, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 9, 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 F. Coastal Coordination › Section 33.2051. Agency Rulemaking Actions

Sec. 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 commissioner may not review a proposed rule of the Department of Agriculture.
Added by Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 12, 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 F. Coastal Coordination › Section 33.2052. Certification of Agency Rules; Agency Actions Considered Consistent

Sec. 33.2052.  CERTIFICATION OF AGENCY RULES; AGENCY ACTIONS CONSIDERED CONSISTENT.  (a)  The commissioner by rule shall establish and may modify a process by which an agency may submit rules and rule amendments described by Section 33.2051 to the commissioner 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 commissioner consistency review thresholds for the agency's actions described in Section 33.2053.  After the commissioner 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 commissioner by rule shall provide that the commissioner may revoke a certification under Subsection (b) if the commissioner 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, Sec. 4, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 13, 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 F. Coastal Coordination › Section 33.207. Commissioner Recommendations

Sec. 33.207.  COMMISSIONER RECOMMENDATIONS.  In addition to the report required by Section 33.206, the commissioner:
(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, Sec. 37, eff. June 7, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8, 1995;  Acts 2001, 77th Leg., ch. 70, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 16, 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 F. Coastal Coordination › Section 33.208. Enforcement

Sec. 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 commissioner'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 commissioner and the agency or subdivision may enter into a settlement agreement with regard to the proposed agency or subdivision action.  If the commissioner and the agency or subdivision enter into a settlement agreement, the commissioner may rescind the commissioner's request for an opinion from the attorney general.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 37, eff. June 7, 1991.  Amended by Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 17, 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 F. Coastal Coordination › Section 33.209. Prohibition on Special Area Management Plans

Sec. 33.209.  PROHIBITION ON SPECIAL AREA MANAGEMENT PLANS.  The land office 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, Sec. 4, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 18, 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 F. Coastal Coordination › Section 33.210. Private Property

Sec. 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, Sec. 4, eff. June 8, 1995.
2023 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 33.231. Short Title

Sec. 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, Sec. 2, eff. June 13, 1979.
2023 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 33.232. Policy

Sec. 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, Sec. 2, eff. June 13, 1979.
2023 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 33.233. Definitions

Sec. 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, Sec. 2, eff. June 13, 1979.  Amended by Acts 1991, 72nd Leg., ch. 265, Sec. 4, eff. June 5, 1991.
2023 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 33.234. Duties and Authority of Acquiring Agency

Sec. 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, Sec. 2, eff. June 13, 1979.  Amended by Acts 1991, 72nd Leg., ch. 265, Sec. 5, eff. June 5, 1991.
2023 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 33.235. Agricultural Exemption

Sec. 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, Sec. 2, eff. June 13, 1979.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.