S.B. No. 2043
AN ACT
relating to the closure or modification 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 OR MODIFICATION OF CERTAIN MAN-MADE
PASSES. (a) Notwithstanding Sections 66.204 and 81.103, Parks and
Wildlife Code, the commissioner may undertake the closure or
modification of a man-made pass or its environs 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 does not make an appropriation. This
Act takes effect only if a specific appropriation for the
implementation of the Act is provided in a general appropriations
act of the 81st Legislature.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2043 passed the Senate on
April 16, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2043 passed the House on
May 5, 2009, by the following vote: Yeas 144, Nays 1, one present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor