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Texas Natural Resources Code - Chapter 33 Management Of Coastal Public LandLegal Research Home > Texas Lawyer > Natural Resources Code > Texas Natural Resources Code - Chapter 33 Management Of Coastal Public Land (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 ... The purpose of this chapter is to implement the policies stated in Section 33.001 of this code by delegating to the board, assisted by the ... This chapter may be cited as the Coastal Public Lands Management Act of 1973. Acts 1977, 65th Leg., p. 2383, ch. 871, art. I, § ... In this chapter: (1) "Land office" means the General Land Office. (2) "Commissioner" means the Commissioner of the General Land Office. (3) "Board" means the ... (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 ... 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, ... The planning division and other staff of the land office shall assist the board in the discharge of its responsibilities and duties under this chapter. ... 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 ... Money received by the board for grants of surface interests under this chapter whose initial term equals or exceeds 20 years shall be deposited in ... (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 ... 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 ... The board, the council, the land office, and the network shall perform the duties provided in this subchapter. Acts 1977, 65th Leg., p. 2385, ch. ... (a) The commissioner shall develop a continuing comprehensive coastal management program pursuant to the policies stated in Section 33.202 of this code. The program is ... (a) The coastal management program, in compliance with the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.), shall include the following ... 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 ... In developing, reviewing, or amending the coastal management program, after due notice to affected persons and the public generally, the commissioner and the council shall ... (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. ... (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 ... (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 ... 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 ... 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, ... (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 ... 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 ... The board may prescribe reasonable filing fees and fees for granting leases, easements, and permits. Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, ... 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, ... (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 ... 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 application to acquire rights in coastal public land shall include: (1) an adequate legal description of the land in which the rights are sought; ... (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 ... (a) On receiving an application, the board may circulate it for review and comment to the member agencies of the Interagency Natural Resources Council or ... The board may lease coastal public land to: (1) the Parks and Wildlife Department or to any eligible city or county for public recreational purposes; ... 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 ... The littoral rights of the adjacent upland owner shall be protected in a lease. Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, § ... 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 ... (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, ... (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 ... (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 ... (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 ... 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 ... 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 ... (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: ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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, ... 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 ... 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 ... 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, ... 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. ... 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 ... 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 ... 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 ... (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 ... 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 ... 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, ... (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 ... (a) Notwithstanding any law to the contrary, a person may not undertake an action on or immediately landward of a public beach or submerged land, ... (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 ... 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 interested party who is aggrieved by an action of the board under this chapter may appeal the action by filing a petition in a ... 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 ... Service of citation on the board may be accomplished by serving the commissioner. Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, § 1, ... 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. ... This subchapter may be cited as the Coastal Coordination Act. Added by Acts 1979, 66th Leg., p. 1991, ch. 785, § 1, eff. June 13, ... (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 ... In this subchapter: (1) "Coastal natural resource areas" means: (A) coastal barriers; (B) coastal historic areas; (C) coastal preserves; (D) coastal shore areas; (E) coastal ... (a) The council by rule shall adopt goals and policies of the coastal management program. A goal or policy may not require an agency or ... (a) The council shall consist of: (1) the following ex officio members: (A) the commissioner; (B) the presiding officer of the Parks and Wildlife Commission ... (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ... (a) It is a ground for removal from the council that a member: (1) does not have at the time of taking office the qualifications ... The council chair or the council chair's designee shall provide to members of the council, as often as necessary, information regarding the requirements for office ... (a) A person who is appointed to and qualifies for office as a member of the council may not vote, deliberate, or be counted as ... (a) An agency or subdivision that takes an agency or subdivision action described by Section 33.2051 or 33.2053 that may adversely affect a coastal natural ... (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 ... (a) The council by rule shall establish a process by which an agency may submit rules and rule amendments described by Section 33.2051 to the ... (a) The land office, the School Land Board, or a board for lease of state-owned lands shall comply with Sections 33.205(a) and (b) when issuing ... (a) A proposed action is consistent with the goals and policies of the coastal management program and approved by the council unless, on the affirmative ... In addition to the report required by Section 33.206, the council: (1) may periodically submit recommendations to an agency or subdivision designed to encourage the ... (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 ... The council may not develop or approve a special area management plan, including a plan for an area designated under the national estuary program. Added ... 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 ... The Coastal Coordination Council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council ... (a) The council shall maintain a file on each written complaint filed with the council. The file must include: (1) the name of the person ... This subchapter may be cited as the Coastal Wetland Acquisition Act. Added by Acts 1979, 66th Leg., p. 1993, ch. 785, § 2, eff. June ... 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 ... In this subchapter: (1) "Acquiring agency" means the Parks and Wildlife Department. (2) "Land office " means the General Land Office. (3) "Coastal wetland" means ... (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 ... 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 ... (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 ... (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 ... 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 ... 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 ... (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 ... (a) The land office shall undertake coastal erosion studies, demonstration projects, and response projects if the land office receives legislative appropriations or other funding for ... (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 ... (a) Money in the account may be used for any action authorized by this subchapter, except for a restoration project authorized by Section 33.613. (b) ... The commissioner may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out the ... (a) The land office shall be responsible for and shall coordinate with other agencies to increase public awareness through public education concerning: (1) the causes ... Each biennium, the commissioner shall submit to the legislature a report listing: (1) each critical erosion area; (2) each proposed erosion response study or project; ... (a) The commissioner may not undertake a coastal erosion response project on: (1) permanent school fund land without first obtaining the written consent of the ... (a) If the commissioner determines that land has become submerged by erosion or subsidence and as a result is dedicated to the permanent school fund, ... (a) This state, the commissioner, and land office staff are immune from suit for damages and from liability for an act or omission related to: ... (a) Judicial review of rights affected by an action of this state, the commissioner, or land office staff under this subchapter is under the substantial ... (a) This section applies to land that: (1) on December 31, 1955, was privately owned and not submerged or owned by the School Land Board; ... In this subchapter: (1) "Bond" means any type of interest-bearing obligation, including a bond, note, bond anticipation note, certificate of participation, lease, contract, or other ... The provisions of this subchapter relating to coastal counties apply to a municipality if all or substantially all of the gulf beach within a coastal ... (a) The coastal protection and improvement fund is created as a trust fund outside the state treasury to be held by the Texas Treasury Safekeeping ... (a) The coastal protection and improvement fund shall be used only to make a qualified payment to a coastal county sponsoring a qualified project under ... (a) Each coastal county shall create a county coastal protection and improvement fund. (b) Each coastal county shall deposit any qualified payment that it receives ... To qualify for funding under this subchapter, a project must: (1) be sponsored by a coastal county; (2) be located within the sponsoring coastal county ... (a) The land office and a coastal county may enter into one or more agreements relating to a qualified project and the payment of the ... (a) The commissioner shall make qualified payments to a coastal county based on the land office's estimate of the expected project costs of any qualified ... (a) In addition to all other powers that a coastal county has under general law, a coastal county has the rights, powers, privileges, authority, and ... (a) A coastal county may contract with a state agency, municipality, county, or other political subdivision of the state or any agency or instrumentality of ... (a) A coastal county may pay the project costs of a qualified project from general or available funds, payments received from the land office, including ... Bonds issued by a coastal county under this subchapter may be purchased by the Texas Water Development Board for purposes authorized by Chapter 17, Water ... This subchapter shall be liberally construed to accomplish the purposes of mitigation of coastal erosion and improvement of public access to public beaches. Added by ... Texas Lawyers
Last modified: August 10, 2007 |