Texas 2009 - 81st Regular

Texas Senate Bill SB673 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5986 TRH-F
2	2	By: Hegar S.B. No. 673
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to plans by local governments in coastal areas for
8	8	reducing public expenditures for erosion and storm damage losses to
9	9	public and private property.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 33.605(b), Natural Resources Code, is
12	12	amended to read as follows:
13	13	(b) The commissioner must approve an expenditure from the
14	14	account. In determining whether to approve an expenditure for a
15	15	study or project, the commissioner shall consider:
16	16	(1) the amount of money in the account;
17	17	(2) the feasibility and cost-effectiveness of the
18	18	study or project;
19	19	(3) the locations of other existing or proposed
20	20	erosion response projects;
21	21	(4) the needs in other critical coastal erosion areas;
22	22	(5) the effect of the study or project on public or
23	23	private property; and
24	24	(6) if the site to be studied or project to be
25	25	conducted will be located within the jurisdiction of a local
26	26	government subject to Chapter 61 or 63:
27	27	(A) whether the local government is adequately
28	28	administering those chapters; and
29	29	(B) the plan for reducing public expenditures for
30	30	erosion and storm damage losses prepared [building set-back line
31	31	established] by the local government under Section 33.607.
32	32	SECTION 2. Sections 33.607(e), (f), and (g), Natural
33	33	Resources Code, are amended to read as follows:
34	34	(e) A local government subject to Chapter 61 or 63 shall
35	35	[may] use historical erosion data and the coastal erosion response
36	36	plan published by the commissioner under Section 33.602 to prepare
37	37	a local plan for reducing public expenditures for erosion and storm
38	38	damage losses to public and private property, including public
39	39	beaches. A plan prepared under this subsection may include [, by
40	40	establishing and implementing] a building set-back line that will
41	41	accommodate a shoreline retreat. The local government shall hold a
42	42	public educational meeting on the plan before proposing to
43	43	implement it through the plans, orders, or ordinances provided by
44	44	Chapters 61 and 63.
45	45	(f) A local plan for reducing public expenditures for
46	46	erosion and storm damage losses to public and private property
47	47	prepared under Subsection (e) [that includes the establishment and
48	48	implementation of a building set-back line under this section] may:
49	49	(1) preserve and enhance the public's right of access
50	50	to and use of the public beach;
51	51	(2) preserve critical sand dunes for natural storm
52	52	protection and conservation purposes;
53	53	(3) establish a building set-back line no further
54	54	landward than the dune protection line established by the local
55	55	government under Chapter 63;
56	56	(4) provide for the prohibition of new construction
57	57	seaward of the building set-back line; and
58	58	(5) provide for the acquisition of fee title to or a
59	59	lesser interest in property seaward of the building set-back line.
60	60	(g) The commissioner may adopt rules for the preparation
61	61	[establishment] and implementation by a local government of a local
62	62	plan for reducing public expenditures for erosion and storm damage
63	63	losses to public and private property under Subsection (e)
64	64	[building set-back line under this section].
65	65	SECTION 3. This Act takes effect September 1, 2009.