| 1 | 1 | | H.B. No. 2074 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the designation by the commissioner of the General Land |
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| 6 | 6 | | Office of critical coastal erosion areas for purposes of the |
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| 7 | 7 | | coastal erosion response plan. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 33.602, Natural Resources Code, is |
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| 10 | 10 | | amended by amending Subsection (b) and adding Subsection (e) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (b) The commissioner shall publish and periodically update |
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| 13 | 13 | | a coastal erosion response plan. The commissioner shall develop |
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| 14 | 14 | | the plan in coordination with state and federal agencies and local |
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| 15 | 15 | | governments and provide for public input on the plan. The plan must |
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| 16 | 16 | | identify critical coastal erosion areas designated by the |
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| 17 | 17 | | commissioner and prioritize coastal erosion response studies and |
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| 18 | 18 | | projects so that: |
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| 19 | 19 | | (1) benefits are balanced among areas throughout the |
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| 20 | 20 | | coast designated by the commissioner as critical coastal erosion |
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| 21 | 21 | | areas; |
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| 22 | 22 | | (2) federal and local financial participation is |
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| 23 | 23 | | maximized; |
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| 24 | 24 | | (3) studies and projects are scheduled to achieve |
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| 25 | 25 | | efficiencies and economies of scale; and |
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| 26 | 26 | | (4) the severity of erosion effects in each area is |
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| 27 | 27 | | taken into account. |
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| 28 | 28 | | (e) In order to determine which areas should be designated |
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| 29 | 29 | | as critical coastal erosion areas and guide the allocation of |
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| 30 | 30 | | resources, the commissioner may conduct a coast-wide analysis of |
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| 31 | 31 | | the costs and benefits of coastal erosion avoidance, remediation, |
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| 32 | 32 | | and planning. An analysis conducted under this subsection may |
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| 33 | 33 | | consider: |
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| 34 | 34 | | (1) historical erosion rates in an area; |
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| 35 | 35 | | (2) the elevation of an area adjacent to the |
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| 36 | 36 | | shoreline; |
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| 37 | 37 | | (3) the presence of critical infrastructure in an area |
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| 38 | 38 | | adjacent to the shoreline; |
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| 39 | 39 | | (4) the population density of an area adjacent to the |
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| 40 | 40 | | shoreline; |
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| 41 | 41 | | (5) the presence of economic activity conducted in an |
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| 42 | 42 | | area adjacent to the shoreline; |
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| 43 | 43 | | (6) the presence of critical natural resources in an |
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| 44 | 44 | | area adjacent to the shoreline; |
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| 45 | 45 | | (7) anthropogenic contributions to erosion; and |
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| 46 | 46 | | (8) any other factor identified as relevant by the |
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| 47 | 47 | | commissioner. |
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| 48 | 48 | | SECTION 2. This Act takes effect September 1, 2009. |
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| 49 | 49 | | ______________________________ ______________________________ |
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| 50 | 50 | | President of the Senate Speaker of the House |
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| 51 | 51 | | I certify that H.B. No. 2074 was passed by the House on April |
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| 52 | 52 | | 15, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not |
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| 53 | 53 | | voting. |
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| 54 | 54 | | ______________________________ |
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| 55 | 55 | | Chief Clerk of the House |
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| 56 | 56 | | I certify that H.B. No. 2074 was passed by the Senate on April |
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| 57 | 57 | | 30, 2009, by the following vote: Yeas 31, Nays 0. |
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| 58 | 58 | | ______________________________ |
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| 59 | 59 | | Secretary of the Senate |
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| 60 | 60 | | APPROVED: _____________________ |
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| 61 | 61 | | Date |
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| 62 | 62 | | _____________________ |
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| 63 | 63 | | Governor |
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