82R3162 SMH-D
By: Oliveira H.B. No. 2206
A BILL TO BE ENTITLED
AN ACT
relating to the funding and planning of activities undertaken under
the Coastal Erosion Planning and Response Act; imposing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.603(f), Natural Resources Code, is
amended to read as follows:
(f) Notwithstanding Subsections (c) and (e), each biennium
the commissioner may undertake at least one erosion response
project without requiring a qualified project partner to pay a
portion of the shared project cost. The [if the] total cost of the
projects undertaken that do not have a cost share requirement may
[does] not exceed one-third [one-half] of the total amount
appropriated to the land office for coastal erosion planning and
response, except that if any of the projects that do not have a cost
share requirement are undertaken in response to erosion associated
with a federally declared disaster:
(1) the total cost of the projects undertaken that do
not have a cost share requirement and that are not undertaken in
response to erosion associated with a federally declared disaster
may not exceed one-third of the total amount appropriated to the
land office for coastal erosion planning and response; and
(2) the total cost of all of the projects undertaken
that do not have a cost share requirement, whether or not undertaken
in response to erosion associated with a federally declared
disaster, may not exceed one-half of the total amount appropriated
to the land office for coastal erosion planning and response.
SECTION 2. Sections 33.604(a) and (b), Natural Resources
Code, are amended to read as follows:
(a) The coastal erosion response account is an account in
the general revenue fund that may be appropriated only to the
commissioner and used only for the purpose of implementing this
subchapter [and administration of the coastal management program as
provided in Subchapter F].
(b) The account consists of:
(1) all money appropriated for the purposes of this
subchapter;
(2) grants to this state from the United States for the
purposes of this subchapter;
(3) all money received by this state from the sale of
dredged material; [and]
(4) penalties or costs collected under Section 61.0184
or 63.1814; and
(5) fees deposited to the credit of the account in
accordance with Section 33.614.
SECTION 3. Section 33.605, Natural Resources Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Money in the account may be used for[:
[(1)] any action authorized by this subchapter[; and
[(2) the administration of the coastal management
program as provided in Subchapter F].
(c) Notwithstanding Subsection (a), fees deposited to the
credit of the account in accordance with Section 33.614 may be used
only for erosion response projects that directly affect commercial
vessels that dock at ports operated by port authorities or
navigation districts in this state.
SECTION 4. Section 33.608, Natural Resources Code, is
amended to read as follows:
Sec. 33.608. REPORT TO LEGISLATURE. (a) Each biennium, the
commissioner shall submit to the legislature a report listing:
(1) each critical erosion area;
(2) each proposed erosion response study or project;
(3) an estimate of the cost of each proposed study or
project described by Subdivision (2);
(4) each coastal erosion response study or project
funded under this subchapter during the preceding biennium;
(5) the economic and natural resource benefits from
each coastal erosion response study or project described by
Subdivision (4);
(6) the financial status of the account; and
(7) an estimate of the cost of implementing this
subchapter during the succeeding biennium.
(b) The report must include a plan for coastal erosion
response studies and projects that may be funded, wholly or partly,
from money in the account and may be undertaken during the next 10
or more years.
SECTION 5. Subchapter H, Chapter 33, Natural Resources
Code, is amended by adding Sections 33.614 and 33.615 to read as
follows:
Sec. 33.614. COMMERCIAL VESSEL DOCKING FEE. (a) Each port
authority or navigation district shall impose a fee of $2 for each
foot of vessel length on each owner or operator of a commercial
vessel with a draft of at least 18 feet each time the vessel docks at
the port operated by the port authority or navigation district.
(b) A port authority or navigation district that collects a
fee under Subsection (a) shall remit the amount of the fee to the
comptroller.
(c) A port authority or navigation district that makes a
timely payment to the comptroller of the amount of a fee collected
under Subsection (a) is entitled to retain an amount equal to one
percent of the amount of the fee collected to cover the port
authority's or navigation district's administrative expenses.
(d) The comptroller shall deposit the amount of the fees
collected to the credit of the account as provided by Section
33.604.
(e) The comptroller shall adopt rules necessary for the
administration, collection, reporting, and payment of the fee.
Sec. 33.615. DEDICATION OF OUTER CONTINENTAL SHELF LANDS
ACT REVENUE. One-sixth of the revenue received by this state under
Section 8(g), Outer Continental Shelf Lands Act (43 U.S.C. Section
1337(g)), being one-half of that portion of the revenue credited to
the general revenue fund and not otherwise deposited to the credit
of the permanent school fund pursuant to the Agreed Judgment in
Cause No. 395,483 in the 299th Judicial District Court of Travis
County on file in the Travis County District Clerk's records at
Volume 1396, Page 479, may be appropriated only to the commissioner
for the purpose of implementing this subchapter.
SECTION 6. Section 162.502(c), Tax Code, is amended to read
as follows:
(c) Of the money [Money] deposited to the credit of the
general revenue fund under Subsection (b)(2):
(1) 33-1/3 percent may be appropriated only to the
commissioner of the General Land Office for the purpose of
implementing Subchapter H, Chapter 33, Natural Resources Code; and
(2) 66-2/3 percent may be appropriated only to the
Parks and Wildlife Department for any lawful purpose.
SECTION 7. Section 33.614, Natural Resources Code, as added
by this Act, applies only to a vessel that docks at a port on or
after the effective date of this Act.
SECTION 8. This Act takes effect September 1, 2011.