By: Williams S.B. No. 2043
(In the Senate - Filed March 12, 2009; March 31, 2009, read
first time and referred to Committee on International Relations and
Trade; April 14, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
April 14, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2043 By: Williams
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. In developing the plan, the commissioner is
strongly encouraged to assess the feasibility of installing fishing
piers, boat ramps, and other facilities that provide public
recreational opportunities. The plan must be presented to the
public for comment before the commissioner approves it.
SECTION 2. Not later than January 1, 2011, the commissioner
of the General Land Office shall submit to the 82nd Legislature a
report on the progress of the commissioner in implementing any
mitigation plan approved under Subsection (b), Section 33.613,
Natural Resources Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2009.
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