H.B. No. 2073
AN ACT
relating to plans by local governments in coastal areas for
reducing public expenditures for erosion and storm damage losses to
public and private property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.605(b), Natural Resources Code, is
amended to read as follows:
(b) The commissioner must approve an expenditure from the
account. In determining whether to approve an expenditure for a
study or project, the commissioner shall consider:
(1) the amount of money in the account;
(2) the feasibility and cost-effectiveness of the
study or project;
(3) the locations of other existing or proposed
erosion response projects;
(4) the needs in other critical coastal erosion areas;
(5) the effect of the study or project on public or
private property; and
(6) if the site to be studied or project to be
conducted will be located within the jurisdiction of a local
government subject to Chapter 61 or 63:
(A) whether the local government is adequately
administering those chapters; and
(B) the plan for reducing public expenditures for
erosion and storm damage losses prepared [building set-back line
established] by the local government under Section 33.607.
SECTION 2. Sections 33.607(e), (f), and (g), Natural
Resources Code, are amended to read as follows:
(e) A local government subject to Chapter 61 or 63 shall
[may] use historical erosion data and the coastal erosion response
plan published by the commissioner under Section 33.602 to prepare
a local plan for reducing public expenditures for erosion and storm
damage losses to public and private property, including public
beaches. A plan prepared under this subsection may include [, by
establishing and implementing] a building set-back line that will
accommodate a shoreline retreat. The local government shall hold a
public educational meeting on the plan before proposing to
implement it through the plans, orders, or ordinances provided by
Chapters 61 and 63.
(f) A local plan for reducing public expenditures for
erosion and storm damage losses to public and private property
prepared under Subsection (e) [that includes the establishment and
implementation of a building set-back line under this section] may:
(1) preserve and enhance the public's right of access
to and use of the public beach;
(2) preserve critical sand dunes for natural storm
protection and conservation purposes;
(3) establish a building set-back line no further
landward than the dune protection line established by the local
government under Chapter 63;
(4) provide for the prohibition of new construction
seaward of the building set-back line; and
(5) provide for the acquisition of fee title to or a
lesser interest in property seaward of the building set-back line.
(g) The commissioner may adopt rules for the preparation
[establishment] and implementation by a local government of a local
plan for reducing public expenditures for erosion and storm damage
losses to public and private property under Subsection (e)
[building set-back line under this section].
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2073 was passed by the House on April
8, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2073 was passed by the Senate on April
30, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor