Texas 2009 - 81st Regular

Texas Senate Bill SB2043 Compare Versions

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1	1	S.B. No. 2043
2	2
3	3
4	4	AN ACT
5	5	relating to the closure or modification of certain man-made passes
6	6	between the Gulf of Mexico and inland bays by the commissioner of
7	7	the General Land Office.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter H, Chapter 33, Natural Resources
10	10	Code, is amended by adding Section 33.613 to read as follows:
11	11	Sec. 33.613. CLOSURE OR MODIFICATION OF CERTAIN MAN-MADE
12	12	PASSES. (a) Notwithstanding Sections 66.204 and 81.103, Parks and
13	13	Wildlife Code, the commissioner may undertake the closure or
14	14	modification of a man-made pass or its environs between the Gulf of
15	15	Mexico and an inland bay if:
16	16	(1) the commissioner determines that the pass causes
17	17	or contributes to significant erosion of the shoreline of the
18	18	adjacent beach;
19	19	(2) the pass is not a public navigational channel
20	20	constructed or maintained by the federal government; and
21	21	(3) the land office receives legislative
22	22	appropriations or other funding for that purpose.
23	23	(b) If the closing of a man-made pass under this section
24	24	results in a loss of public recreational opportunities, the
25	25	commissioner shall develop, in consultation with the Parks and
26	26	Wildlife Department and the county and, if applicable, the
27	27	municipality in which the pass is located, and approve a plan to
28	28	mitigate the loss. In developing the plan, the commissioner is
29	29	strongly encouraged to assess the feasibility of installing fishing
30	30	piers, boat ramps, and other facilities that provide public
31	31	recreational opportunities. The plan must be presented to the
32	32	public for comment before the commissioner approves it.
33	33	SECTION 2. Not later than January 1, 2011, the commissioner
34	34	of the General Land Office shall submit to the 82nd Legislature a
35	35	report on the progress of the commissioner in implementing any
36	36	mitigation plan approved under Subsection (b), Section 33.613,
37	37	Natural Resources Code, as added by this Act.
38	38	SECTION 3. This Act does not make an appropriation. This
39	39	Act takes effect only if a specific appropriation for the
40	40	implementation of the Act is provided in a general appropriations
41	41	act of the 81st Legislature.
42	42	SECTION 4. This Act takes effect September 1, 2009.
43	43	______________________________ ______________________________
44	44	President of the Senate Speaker of the House
45	45	I hereby certify that S.B. No. 2043 passed the Senate on
46	46	April 16, 2009, by the following vote: Yeas 31, Nays 0.
47	47	______________________________
48	48	Secretary of the Senate
49	49	I hereby certify that S.B. No. 2043 passed the House on
50	50	May 5, 2009, by the following vote: Yeas 144, Nays 1, one present
51	51	not voting.
52	52	______________________________
53	53	Chief Clerk of the House
54	54	Approved:
55	55	______________________________
56	56	Date
57	57	______________________________
58	58	Governor