81R18303 TRH-F
By: Bonnen, et al. H.B. No. 3986
Substitute the following for H.B. No. 3986:
By: Orr C.S.H.B. No. 3986
A BILL TO BE ENTITLED
AN ACT
relating to the closure of certain man-made passes between the Gulf
of Mexico and inland bays by the commissioner of the General Land
Office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 33, Natural Resources
Code, is amended by adding Section 33.613 to read as follows:
Sec. 33.613. CLOSURE OF CERTAIN MAN-MADE PASSES. (a)
Notwithstanding Sections 66.204 and 81.103, Parks and Wildlife
Code, the commissioner may close a man-made pass between the Gulf of
Mexico and an inland bay if:
(1) the commissioner determines that the pass causes
or contributes to significant erosion of the shoreline of the
adjacent beach;
(2) the pass is not a public navigational channel
constructed or maintained by the federal government; and
(3) the land office receives legislative
appropriations or other funding for that purpose.
(b) If the closing of a man-made pass under this section
results in a loss of public recreational opportunities, the
commissioner shall develop, in consultation with the Parks and
Wildlife Department and the county and, if applicable, the
municipality in which the pass is located, and approve a plan to
mitigate the loss. The plan must be presented to the public for
comment before the commissioner approves it.
SECTION 2. This Act takes effect September 1, 2009.