Texas Natural Resources Code Title 2, Chapter 33 - Management Of Coastal Public Land

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...

SUBCHAPTER B ADMINISTRATIVE PROVISIONS

• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 33.053 - Elements Of Coastal Management Program
  (a) The coastal management program, in compliance with the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.), shall include the following...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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,...

SUBCHAPTER D RIGHTS IN COASTAL PUBLIC LAND

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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:...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...

SUBCHAPTER E ENFORCEMENT AND APPEAL

• Texas Section 33.136 - Property Rights: Preservation Of Littoral Rights
  (a) Notwithstanding any law to the contrary, a person may not undertake an action on or immediately landward of a public beach or submerged land,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER F COASTAL COORDINATION

• Texas Section 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....
• Texas Section 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,...
• Texas Section 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...
• Texas Section 33.203 - Definitions
  In this subchapter: (1) "Coastal natural resource areas" means: (A) coastal barriers; (B) coastal historic areas; (C) coastal preserves; (D) coastal shore areas; (E) coastal...
• Texas Section 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...
• Texas Section 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...
• Texas Section 33.205 - Consistency With Coastal Management Program; Commissioner Review
  (a) An agency or subdivision that takes an agency or subdivision action described by Section 33.2051 or 33.2053 that may adversely affect a coastal natural...
• Texas Section 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...
• Texas Section 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...
• Texas Section 33.2053 - Individual Agency Or Subdivision Actions
  (a) The land office, the School Land Board, or a board for lease of state-owned lands shall comply with Sections 33.205(a) and (b) when issuing...
• Texas Section 33.206 - Action By Commissioner Or Attorney General
  (a) A proposed action is consistent with the goals and policies of the coastal management program and approved by the commissioner unless the commissioner determines...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....

SUBCHAPTER G COASTAL WETLAND ACQUISITION

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER H COASTAL EROSION

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 33.603 - Coastal Erosion Studies And Projects
  (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...
• Texas Section 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...
• Texas Section 33.605 - Uses Of Account
  (a) Money in the account may be used for: (1) any action authorized by this subchapter; and (2) the administration of the coastal management program...
• Texas Section 33.606 - Grants And Gifts
  The commissioner may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out the...
• Texas Section 33.607 - Coastal Erosion Public Awareness And Education; Local Government Planning And Regulation
  (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...
• Texas Section 33.608 - Report To Legislature
  Each biennium, the commissioner shall submit to the legislature a report listing: (1) each critical erosion area; (2) each proposed erosion response study or project;...
• Texas Section 33.609 - Landowner Consent
  (a) The commissioner may not undertake a coastal erosion response project on: (1) permanent school fund land without first obtaining the written consent of the...
• Texas Section 33.610 - Removal Of Submerged Land From Appraisal And Tax Rolls
  (a) If the commissioner determines that land has become submerged by erosion or subsidence and as a result is dedicated to the permanent school fund,...
• Texas Section 33.611 - Immunity
  (a) This state, the commissioner, and land office staff are immune from suit for damages and from liability for an act or omission related to:...
• Texas Section 33.612 - Judicial Review
  (a) Judicial review of rights affected by an action of this state, the commissioner, or land office staff under this subchapter is under the substantial...

SUBCHAPTER I COASTAL PROTECTION AND IMPROVEMENT

• Texas Section 33.613 - Closure Or Modification Of Certain Man-made Passes
  (a) Notwithstanding Sections 66.204 and 81.103, Parks and Wildlife Code, the commissioner may undertake the closure or modification of a man-made pass or its environs...
• Texas Section 33.651 - Definitions
  In this subchapter: (1) "Bond" means any type of interest-bearing obligation, including a bond, note, bond anticipation note, certificate of participation, lease, contract, or other...
• Texas Section 33.652 - Applicability Of Subchapter To Certain Municipalities
  The provisions of this subchapter relating to coastal counties apply to a municipality if all or substantially all of the gulf beach within a coastal...
• Texas Section 33.653 - Creation Of Coastal Protection And Improvement Fund
  (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...
• Texas Section 33.654 - Use Of Coastal Protection And Improvement Fund
  (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...
• Texas Section 33.655 - County Coastal Protection And Improvement Fund
  (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...
• Texas Section 33.656 - Projects That Qualify For Funding
  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...
• Texas Section 33.657 - Qualified Agreement
  (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...
• Texas Section 33.658 - Qualified Payment
  (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...
• Texas Section 33.659 - General Powers Of Coastal Counties
  (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...
• Texas Section 33.660 - Authority To Contract
  (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...
• Texas Section 33.661 - Funds Available For Qualified Projects
  (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...
• Texas Section 33.662 - Bonds Eligible For Purchase
  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...
• Texas Section 33.663 - Construction Of Subchapter
  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...

Last modified: September 28, 2016