Texas 2011 - 82nd Regular

Texas House Bill HB2250 Compare Versions

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1	1	82R21879 TRH-D
2	2	By: Bonnen H.B. No. 2250
3	3	Substitute the following for H.B. No. 2250:
4	4	By: King of Zavala C.S.H.B. No. 2250
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the abolition of the Coastal Coordination Council and
10	10	the transfer of its functions to the General Land Office.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 201.026(g), Agriculture Code, is amended
13	13	to read as follows:
14	14	(g) In an area that the state board identifies as having or
15	15	having the potential to develop agricultural or silvicultural
16	16	nonpoint source water quality problems or an area within the
17	17	"coastal zone" designated by the commissioner of the General Land
18	18	Office [Coastal Coordination Council], the state board shall
19	19	establish a water quality management plan certification program
20	20	that provides, through local soil and water conservation districts,
21	21	for the development, supervision, and monitoring of individual
22	22	water quality management plans for agricultural and silvicultural
23	23	lands. Each plan must be developed, maintained, and implemented
24	24	under rules and criteria adopted by the state board and comply with
25	25	state water quality standards established by the Texas Commission
26	26	on Environmental Quality. The state board shall certify a plan that
27	27	satisfies the state board's rules and criteria and complies with
28	28	state water quality standards established by the Texas Commission
29	29	on Environmental Quality under the commission's exclusive
30	30	authority to set water quality standards for all water in the state.
31	31	SECTION 2. Section 33.004, Natural Resources Code, is
32	32	amended by adding Subdivision (2-a) to read as follows:
33	33	(2-a) "Committee" means the Coastal Coordination
34	34	Advisory Committee.
35	35	SECTION 3. Section 33.051, Natural Resources Code, is
36	36	amended to read as follows:
37	37	Sec. 33.051. GENERAL DUTY. The board, the commissioner
38	38	[council], the land office, and the network shall perform the
39	39	duties provided in this subchapter.
40	40	SECTION 4. Section 33.052(a), Natural Resources Code, is
41	41	amended to read as follows:
42	42	(a) The commissioner shall develop a continuing
43	43	comprehensive coastal management program pursuant to the policies
44	44	stated in Section 33.202 [of this code. The program is not
45	45	effective until approved by a majority of the council under Section
46	46	33.204 of this code].
47	47	SECTION 5. Section 33.052(b), Natural Resources Code, as
48	48	amended by Chapters 165 (S.B. 971) and 416 (H.B. 3226), Acts of the
49	49	74th Legislature, Regular Session, 1995, is reenacted and amended
50	50	to read as follows:
51	51	(b) In developing the program, the land office shall act as
52	52	the lead agency to coordinate and implement a comprehensive coastal
53	53	management program [develop a long-term plan] for the management of
54	54	uses affecting coastal natural resource areas, in cooperation with
55	55	other state agencies that have duties relating to coastal matters[,
56	56	including those agencies represented on the council]. The program
57	57	shall implement the policies stated in Section 33.202 [of this
58	58	code] and shall include the elements listed in Section 33.053 [of
59	59	this code].
60	60	SECTION 6. Section 33.052(e), Natural Resources Code, is
61	61	amended to read as follows:
62	62	(e) This section does not add to or subtract from the duties
63	63	and responsibilities of a state agency other than the land office,
64	64	the commissioner [council], and the board.
65	65	SECTION 7. Section 33.055, Natural Resources Code, is
66	66	amended to read as follows:
67	67	Sec. 33.055. PUBLIC HEARINGS TO CONSIDER COASTAL MANAGEMENT
68	68	PROGRAM. In developing, reviewing, or amending the coastal
69	69	management program, after due notice to affected persons and the
70	70	public generally, the commissioner [and the council] shall hold or
71	71	have held public hearings as the commissioner determines [and the
72	72	council determine] to be appropriate.
73	73	SECTION 8. Sections 33.204(a), (e), (f), and (g), Natural
74	74	Resources Code, are amended to read as follows:
75	75	(a) The commissioner [council] by rule shall adopt goals and
76	76	policies of the coastal management program. A goal or policy may
77	77	not require an agency or subdivision to perform an action that would
78	78	exceed the constitutional or statutory authority of the agency or
79	79	subdivision to which the goal or policy applies.
80	80	(e) In conducting consistency reviews under Section 33.205
81	81	[of this code], the commissioner [council] shall receive and
82	82	consider the oral or written testimony of any person regarding the
83	83	coastal management program as the testimony relates to the agency
84	84	or subdivision action or federal agency action or activity or outer
85	85	continental shelf plan under review. The commissioner [council]
86	86	may reasonably limit the length and format of the testimony and the
87	87	time at which it will be received. Notice of the period during
88	88	which the testimony will be received shall be published in the Texas
89	89	Register and in a newspaper of general circulation in each county
90	90	directly affected by the matter under review before the
91	91	commencement of that period. The commissioner [council] shall
92	92	consider only the record before the agency or subdivision involved
93	93	in the matter under review, the agency's or subdivision's findings,
94	94	applicable laws and rules, any additional information provided by
95	95	that agency or subdivision, and public testimony under this
96	96	subsection, provided that if the agency or subdivision did not hold
97	97	a hearing, make a record, or make findings, the commissioner
98	98	[council] may hold a hearing and make findings necessary to a
99	99	complete and thorough review.
100	100	(f) [The land office shall assist the council in carrying
101	101	out its duties. The council members may not receive compensation
102	102	for services but may receive reimbursement for actual and necessary
103	103	expenses.] The land office, in coordination with other agencies
104	104	and subdivisions, shall prepare an annual report on the
105	105	effectiveness of the coastal management program. [The land office
106	106	shall submit the report to the council for approval.] On or before
107	107	January 15 of each odd-numbered year, the land office shall send to
108	108	the legislature each of the previous two annual reports.
109	109	(g) The commissioner [council] may award grants to projects
110	110	that further the goals and policies of the coastal management
111	111	program [council]. The commissioner [council] shall establish the
112	112	procedures for making any determination related to awarding a
113	113	grant.
114	114	SECTION 9. Section 33.2041, Natural Resources Code, is
115	115	amended to read as follows:
116	116	Sec. 33.2041. COASTAL COORDINATION ADVISORY COMMITTEE
117	117	[COMPOSITION OF COUNCIL; TERMS]. (a) The commissioner by rule
118	118	shall establish the Coastal Coordination Advisory Committee to
119	119	advise the commissioner on matters related to the coastal
120	120	management program. The committee [council] shall consist of:
121	121	(1) a representative of each of the following entities
122	122	designated by the presiding officer of that entity [ex officio
123	123	members]:
124	124	(A) the land office [commissioner];
125	125	(B) the [presiding officer of the] Parks and
126	126	Wildlife Department [Commission or a member of the commission
127	127	designated by the presiding officer];
128	128	(C) the [presiding officer of the] Texas
129	129	Commission on Environmental Quality [Natural Resource Conservation
130	130	Commission or a member of the commission designated by the
131	131	presiding officer];
132	132	(D) [a member of] the Railroad Commission of
133	133	Texas [appointed by that commission];
134	134	(E) the [presiding officer of the] Texas Water
135	135	Development Board [or a member of the board designated by the
136	136	presiding officer];
137	137	(F) the [presiding officer of the] Texas
138	138	Department of Transportation [Commission or a member of the
139	139	commission designated by the presiding officer];
140	140	(G) [a member of] the State Soil and Water
141	141	Conservation Board [appointed by that board]; and
142	142	(H) the [director of the] Texas [A&M University]
143	143	Sea Grant College Program to serve as a nonvoting member; and
144	144	(2) the following members to be appointed by the
145	145	commissioner [governor with the advice and consent of the senate to
146	146	serve a two-year term]:
147	147	(A) a city or county elected official who resides
148	148	in the coastal area;
149	149	(B) an owner of a business located in the coastal
150	150	area who resides in the coastal area;
151	151	(C) a resident from the coastal area; and
152	152	(D) a representative of agriculture.
153	153	(b) The commissioner by rule shall establish the terms of
154	154	office for and duties of committee members [terms of the positions
155	155	on the council held by the city or county elected official who
156	156	resides in the coastal area and the resident from the coastal area
157	157	expire May 31 of each even-numbered year. The terms of the
158	158	positions on the council held by the owner of a business located in
159	159	the coastal area who resides in the coastal area and the
160	160	representative of agriculture expire May 31 of each odd-numbered
161	161	year].
162	162	(c) Chapter 2110, Government Code, does not apply to the
163	163	size, composition, or duration of the committee [Appointments to
164	164	the council shall be made without regard to the race, color,
165	165	disability, sex, religion, age, or national origin of the
166	166	appointees].
167	167	SECTION 10. The heading to Section 33.205, Natural
168	168	Resources Code, is amended to read as follows:
169	169	Sec. 33.205. CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM;
170	170	COMMISSIONER [COUNCIL] REVIEW.
171	171	SECTION 11. Section 33.205, Natural Resources Code, is
172	172	amended by amending Subsections (b), (c), (d), (e), (f), (g), and
173	173	(h) and adding Subsections (f-1) and (f-2) to read as follows:
174	174	(b) An agency or subdivision subject to the requirements of
175	175	Subsection (a) shall affirm that it has taken into account the goals
176	176	and policies of the coastal management program by issuing a written
177	177	determination that a proposed agency or subdivision action
178	178	described by Section 33.2051 or 33.2053 is consistent with the
179	179	program goals and policies.
180	180	(c) The commissioner [council] may [not] review a proposed
181	181	agency or subdivision action subject to the requirements of
182	182	Subsections (a) and (b) [of this section] for consistency with the
183	183	goals and policies of the coastal management program if [unless]:
184	184	(1) the consistency determination for the proposed
185	185	action was contested by:
186	186	(A) a [council] member of the committee or an
187	187	agency that was a party in a formal hearing under Chapter 2001,
188	188	Government Code, or in an alternative dispute resolution process;
189	189	or
190	190	(B) another [a council member or other] person by
191	191	the filing of written comments with the agency before the action was
192	192	proposed if the proposed action is one for which a formal hearing
193	193	under Chapter 2001, Government Code, is not available; and
194	194	(2) a person described by Subdivision (1) [of this
195	195	subsection] files a request for referral alleging a significant
196	196	unresolved dispute regarding the proposed action's consistency
197	197	with the goals and policies of the coastal management program[; and
198	198	[(3) any three members of the council other than the
199	199	director of the Texas A&M University Sea Grant Program agree that
200	200	there is a significant unresolved dispute regarding the proposed
201	201	action's consistency with the goals and policies of the coastal
202	202	management program and the matter is placed on the agenda for a
203	203	council meeting].
204	204	(d) If consistency review thresholds are in effect under
205	205	Section 33.2052, the commissioner [council] may not review a
206	206	proposed action subject to the requirements of Subsections (a) and
207	207	(b) for consistency with the goals and policies of the coastal
208	208	management program unless the requirements of Subsection (c) are
209	209	satisfied and:
210	210	(1) if the proposed action is one for which a formal
211	211	hearing under Chapter 2001, Government Code, is available:
212	212	(A) the action exceeds the applicable thresholds
213	213	and the agency's consistency determination was contested in a
214	214	formal hearing or in an alternative dispute resolution process; or
215	215	(B) the action does not exceed the applicable
216	216	thresholds but may directly and adversely affect a critical area,
217	217	critical dune area, coastal park, wildlife management area or
218	218	preserve, or gulf beach and a state agency contested the agency's
219	219	consistency determination in a formal hearing; or
220	220	(2) if the proposed action is one for which a formal
221	221	hearing under Chapter 2001, Government Code, is not available to
222	222	contest the agency's determination, the action exceeds the
223	223	applicable thresholds.
224	224	(e) The commissioner [council] must consider and act on a
225	225	matter referred under Subsection (c) or (d) before the 26th day
226	226	after the date the agency or subdivision proposed the action. For
227	227	purposes of this section, an action subject to the contested case
228	228	provisions of Chapter 2001, Government Code, is proposed when
229	229	notice of a decision or order is issued under Section 2001.142,
230	230	Government Code.
231	231	(f) The commissioner [council] by rule shall establish a
232	232	process by which an applicant for a permit or other proposed action
233	233	described in Section 33.2053, or an agency or subdivision proposing
234	234	an action, may request and receive a preliminary consistency
235	235	review. The rules shall:
236	236	(1) create a permitting assistance group composed of
237	237	representatives of committee [council] member agencies and other
238	238	interested committee [council] members to coordinate the
239	239	preliminary reviews; and
240	240	(2) require that the following written information be
241	241	produced not later than the 45th day after the date of the request
242	242	for preliminary review:
243	243	(A) a statement from each agency or subdivision
244	244	required to permit or approve the project as to whether the agency
245	245	or subdivision anticipates approving or denying the application;
246	246	(B) if an agency or subdivision intends to deny
247	247	an application, the agency's or subdivision's explanation of the
248	248	grounds for denial and recommendations for resolving the grounds in
249	249	a way that would allow the application to be approved;
250	250	(C) if enough information is already available, a
251	251	preliminary finding as to whether the project is likely to be found
252	252	consistent with the goals and policies of the coastal management
253	253	program; and
254	254	(D) if the project is likely to be found
255	255	inconsistent with the goals and policies of the coastal management
256	256	program, an explanation and recommendation for resolving the
257	257	inconsistency in a way that would allow the project to be found
258	258	consistent.
259	259	(f-1) Not later than January 1, 2012, the commissioner shall
260	260	evaluate the functions, including any pending initiatives,
261	261	membership, and usefulness of the permitting assistance group
262	262	established under Subsection (f). The evaluation must include
263	263	input from all members of the permitting assistance group and the
264	264	committee. This subsection expires April 1, 2012.
265	265	(f-2) The commissioner may adopt rules as necessary to:
266	266	(1) restructure or abolish the permitting assistance
267	267	group;
268	268	(2) expand the functions of the permitting assistance
269	269	group; or
270	270	(3) add members to the permitting assistance group.
271	271	(g) The commissioner [council] by rule shall establish a
272	272	process by which an individual or small business may request and
273	273	receive assistance with filing applications for permits or other
274	274	proposed actions described by Section 33.2053. The rules shall
275	275	provide for:
276	276	(1) the coordination of preapplication assistance
277	277	through the permitting assistance group; and
278	278	(2) the provision of the following, by the permitting
279	279	assistance group, to an individual or a small business, on request:
280	280	(A) a list of the permits or other approvals
281	281	necessary for the project;
282	282	(B) a simple, understandable statement of all
283	283	permit requirements;
284	284	(C) a coordinated schedule for each agency's or
285	285	subdivision's decision on the action;
286	286	(D) a list of all the information the agencies or
287	287	subdivisions need to declare the applications for the permits or
288	288	other approvals administratively complete;
289	289	(E) assistance in completing the applications as
290	290	needed; and
291	291	(F) if enough information is already available, a
292	292	preliminary finding as to whether the project is likely to be found
293	293	consistent with the goals and policies of the coastal management
294	294	program.
295	295	(h) If an agency, subdivision, or applicant has received a
296	296	preliminary finding of consistency under Subsection (f)(2)(C) or
297	297	(g)(2)(F) and a request for referral was filed on that action under
298	298	Subsection (c)(2), the commissioner [council] may accept the
299	299	request for referral only if the agency or subdivision has
300	300	substantially changed the permit or proposed action since the
301	301	preliminary finding was issued.
302	302	SECTION 12. Section 33.2051(e), Natural Resources Code, is
303	303	amended to read as follows:
304	304	(e) The commissioner [council] may not review a proposed
305	305	rule of the [Texas] Department of Agriculture.
306	306	SECTION 13. Section 33.2052, Natural Resources Code, is
307	307	amended to read as follows:
308	308	Sec. 33.2052. CERTIFICATION OF AGENCY RULES; AGENCY ACTIONS
309	309	CONSIDERED CONSISTENT. (a) The commissioner [council] by rule
310	310	shall establish and may modify a process by which an agency may
311	311	submit rules and rule amendments described by Section 33.2051 to
312	312	the commissioner [council] for review and certification for
313	313	consistency with the goals and policies of the coastal management
314	314	program.
315	315	(b) The process must provide that an agency may submit to
316	316	the commissioner [council] consistency review thresholds for the
317	317	agency's actions described in Section 33.2053. After the
318	318	commissioner [council] certifies that an agency's rules are
319	319	consistent and approves the agency's thresholds, the agency's
320	320	consistency determination under Section 33.205(b) for an action is
321	321	final and is not subject to referral and review, except as provided
322	322	by Section 33.205(d).
323	323	(c) The commissioner [council] by rule shall provide that
324	324	the commissioner [council] may revoke a [its] certification under
325	325	Subsection (b) if the commissioner [council] finds that an agency
326	326	has:
327	327	(1) implemented certified rules in a manner that
328	328	conflicts with the goals and policies of the coastal management
329	329	program; or
330	330	(2) amended certified rules in a manner inconsistent
331	331	with the goals and policies of the coastal management program.
332	332	SECTION 14. Sections 33.2053(j) and (k), Natural Resources
333	333	Code, are amended to read as follows:
334	334	(j) An action to renew, amend, or modify an existing permit,
335	335	certificate, lease, easement, approval, or other action is not an
336	336	action under this section if the action is taken under a rule that
337	337	the commissioner [council] has certified under Section 33.2052 and:
338	338	(1) for a wastewater discharge permit, if the action
339	339	is not a major permit modification that would:
340	340	(A) increase pollutant loads to coastal waters;
341	341	or
342	342	(B) result in relocation of an outfall to a
343	343	critical area;
344	344	(2) for solid, hazardous, or nonhazardous waste
345	345	permits, if the action is not a Class III modification under rules
346	346	of the Texas [Natural Resource Conservation] Commission on
347	347	Environmental Quality; or
348	348	(3) for any other action, if the action:
349	349	(A) only extends the period of the existing
350	350	authorization and does not authorize new or additional work or
351	351	activity; or
352	352	(B) is not directly relevant to Sections
353	353	33.205(a) and (b).
354	354	(k) The commissioner [council] shall establish a program
355	355	boundary to limit the geographic area in which the requirements of
356	356	Sections 33.205(a) and (b) apply. The boundary is the coastal
357	357	facility designation line as defined by Appendix 1 to 31 TAC Section
358	358	19.2 as that appendix existed on the effective date of this section,
359	359	as modified by Section 33.203(7). Except as provided by
360	360	Subsections (f)(8)-(10), this subchapter does not apply to an
361	361	agency action authorizing an activity outside the program boundary.
362	362	SECTION 15. Section 33.206, Natural Resources Code, is
363	363	amended to read as follows:
364	364	Sec. 33.206. [COUNCIL] ACTION BY COMMISSIONER OR ATTORNEY
365	365	GENERAL. (a) A proposed action is consistent with the goals and
366	366	policies of the coastal management program and approved by the
367	367	commissioner [council] unless[, on the affirmative vote of at least
368	368	two-thirds of the members of the council,] the commissioner
369	369	[council] determines the action to be inconsistent with the coastal
370	370	management program and protests the action.
371	371	(b) If the commissioner [council] protests the proposed
372	372	action, the commissioner [council] shall report the commissioner's
373	373	[its] findings on the matter to the agency or subdivision. The
374	374	report shall specify how the proposed action is inconsistent with
375	375	the goals and policies of the coastal management program and
376	376	include specific recommendations of the commissioner [council]
377	377	regarding how the proposed action may be modified or amended to make
378	378	it consistent with the program. Before the 21st day after the date
379	379	the agency or subdivision receives the report, the agency or
380	380	subdivision shall review the findings and recommendations and
381	381	determine whether to modify or amend the proposed action to make it
382	382	consistent with the goals and policies of the coastal management
383	383	program and shall notify the commissioner [council] of its
384	384	decision.
385	385	(c) If an agency or subdivision does not modify or amend a
386	386	proposed action to be consistent with the goals and policies of the
387	387	coastal management program, the commissioner [council] shall
388	388	request the attorney general to issue an opinion on the consistency
389	389	of the proposed action with the coastal management program. The
390	390	agency or subdivision is stayed from taking the proposed action
391	391	until the attorney general issues the opinion. The attorney
392	392	general shall issue an opinion before the 26th day after the date
393	393	the commissioner [council] requests the opinion.
394	394	(d) The commissioner [council] shall adopt guidance and
395	395	procedural rules for the review of federal actions, activities, and
396	396	outer continental shelf plans that incorporate the provisions of
397	397	federal regulations governing those reviews. The guidance and
398	398	rules shall provide that the commissioner [chair or any three
399	399	members] may request additional information from a federal agency
400	400	or additional time for review as provided by the federal
401	401	regulations.
402	402	(e) The commissioner [council] shall review any federal
403	403	action, activity, or outer continental shelf plan that the
404	404	commissioner determines [any three members of the council agree]
405	405	presents a significant unresolved issue regarding consistency with
406	406	the goals and policies of the coastal management program [and place
407	407	the matter on the agenda of a meeting of the council for review].
408	408	(f) [If an activity requiring an agency or subdivision
409	409	action described by Section 33.2053 that falls below thresholds in
410	410	effect under Section 33.2052 also requires an equivalent federal
411	411	permit or license, the council may only determine the agency or
412	412	subdivision action's consistency.] If an activity requiring an
413	413	agency or subdivision action described by Section 33.2053 that
414	414	falls above thresholds in effect under Section 33.2052 also
415	415	requires an equivalent federal permit or license, the commissioner
416	416	[council] may determine the consistency of the agency or
417	417	subdivision action or the federal license or permit, but not both.
418	418	The determination regarding the consistency of an action made by
419	419	the commissioner [council] under this subsection constitutes the
420	420	state's determination regarding consistency of the equivalent
421	421	agency or subdivision action or federal action.
422	422	(g) Notwithstanding the other provisions of this
423	423	subchapter, on request for referral, the commissioner may not
424	424	review a consistency determination of the land office, the
425	425	commissioner, or the board. The commissioner shall refer a request
426	426	for a review of the consistency of such an action to the attorney
427	427	general not later than the second day after the date the
428	428	commissioner receives the request. The attorney general shall
429	429	determine whether the action is consistent with the goals and
430	430	policies of the coastal management program in accordance with the
431	431	applicable provisions of this subchapter governing determinations
432	432	by the commissioner. If the attorney general determines the action
433	433	to be inconsistent with the goals and policies of the coastal
434	434	management program, the attorney general may protest the action in
435	435	accordance with the provisions of this subchapter governing
436	436	protests by the commissioner. A protest by the attorney general has
437	437	the same effect as a protest by the commissioner. The attorney
438	438	general may adopt rules as necessary to implement this subsection
439	439	[If, after review, the council finds a proposed federal agency
440	440	action or activity or outer continental shelf plan is inconsistent
441	441	with the coastal management program, and the federal agency does
442	442	not modify the action, activity, or outer continental shelf plan to
443	443	achieve consistency with the program, the governor, with the
444	444	assistance of the chair of the council, may seek mediation of the
445	445	matter in accordance with federal law].
446	446	[(h) The council may not protest a proposed action by an
447	447	agency or subdivision pertaining to an application filed with that
448	448	agency or subdivision before the date the coastal management
449	449	program is adopted.]
450	450	SECTION 16. Section 33.207, Natural Resources Code, is
451	451	amended to read as follows:
452	452	Sec. 33.207. COMMISSIONER [COUNCIL] RECOMMENDATIONS. In
453	453	addition to the report required by Section 33.206, the commissioner
454	454	[council]:
455	455	(1) may periodically submit recommendations to an
456	456	agency or subdivision designed to encourage the agency or
457	457	subdivision to carry out its functions in a manner consistent with
458	458	the coastal management program, including recommendations for
459	459	methods to simplify governmental procedures and changes in
460	460	applicable rules or statutes; and
461	461	(2) shall report to the legislature on:
462	462	(A) recommended statutory changes needed to make
463	463	more effective and efficient use of public funds and provide for
464	464	more effective and efficient management of coastal natural resource
465	465	areas, including recommendations on methods to simplify
466	466	governmental procedures;
467	467	(B) agency or subdivision actions that are not
468	468	consistent with the coastal management program; and
469	469	(C) population growth of, infrastructure needs
470	470	of, and use of resources on the coast.
471	471	SECTION 17. Sections 33.208(b) and (c), Natural Resources
472	472	Code, are amended to read as follows:
473	473	(b) If the attorney general issues an opinion under Section
474	474	33.206(c) that a proposed agency or subdivision action is
475	475	inconsistent with the coastal management program and the agency or
476	476	subdivision fails to implement the commissioner's [council's]
477	477	recommendation regarding the action, the attorney general shall
478	478	file suit in a district court of Travis County to enforce this
479	479	subchapter. The court shall consider the attorney general's
480	480	opinion in determining whether the proposed action is consistent
481	481	with the coastal management program.
482	482	(c) Notwithstanding the request of an opinion from, or the
483	483	filing of suit by, the attorney general, the commissioner [council]
484	484	and the agency or subdivision may enter into a settlement agreement
485	485	with regard to the proposed agency or subdivision action. If the
486	486	commissioner [council] and the agency or subdivision enter into a
487	487	settlement agreement, the commissioner [council] may rescind the
488	488	commissioner's [its] request for an opinion from the attorney
489	489	general.
490	490	SECTION 18. Section 33.209, Natural Resources Code, is
491	491	amended to read as follows:
492	492	Sec. 33.209. PROHIBITION ON SPECIAL AREA MANAGEMENT PLANS.
493	493	The land office [council] may not develop or approve a special area
494	494	management plan, including a plan for an area designated under the
495	495	national estuary program.
496	496	SECTION 19. The following provisions of the Natural
497	497	Resources Code are repealed:
498	498	(1) Section 33.004(13);
499	499	(2) Section 33.052(c);
500	500	(3) Section 33.203(20);
501	501	(4) Sections 33.204(b), (c), and (d);
502	502	(5) Section 33.2042;
503	503	(6) Section 33.2043;
504	504	(7) Section 33.2044;
505	505	(8) Section 33.2045;
506	506	(9) Section 33.2053(g);
507	507	(10) Section 33.211; and
508	508	(11) Section 33.212.
509	509	SECTION 20. (a) Effective September 1, 2011, the Coastal
510	510	Coordination Council is abolished and the powers and duties of the
511	511	council are transferred to the General Land Office in accordance
512	512	with Chapter 33, Natural Resources Code, as amended by this Act.
513	513	(b) As soon as possible after the effective date of this
514	514	Act, the presiding officers of the appropriate entities shall
515	515	appoint the members of the Coastal Coordination Advisory Committee
516	516	in accordance with Section 33.2041, Natural Resources Code, as
517	517	amended by this Act.
518	518	(c) All rules of the Coastal Coordination Council are
519	519	continued in effect as rules of the General Land Office until
520	520	superseded by a rule of the land office. A certification issued by
521	521	the council is continued in effect as provided by the law in effect
522	522	immediately before the effective date of this Act. A complaint,
523	523	investigation, contested case, or other proceeding pending on the
524	524	effective date of this Act is continued without change in status
525	525	after the effective date of this Act. An activity conducted by the
526	526	council is considered to be an activity conducted by the land
527	527	office.
528	528	(d) A reference in another law or an administrative rule to
529	529	the Coastal Coordination Council means the General Land Office.
530	530	(e) On September 1, 2011, or as soon as is possible after
531	531	that date, the commissioner of the General Land Office shall adopt a
532	532	comprehensive plan to ensure the smooth transition of all programs
533	533	operated by the Coastal Coordination Council before September 1,
534	534	2011, from the council to the land office. During the transition,
535	535	the General Land Office shall consult with the National Oceanic and
536	536	Atmospheric Administration as necessary to ensure continued
537	537	compliance with federal requirements and to maintain federal
538	538	approval of the Texas Coastal Management Program.
539	539	(f) All money, records, property, and equipment in the
540	540	possession of the Coastal Coordination Council on September 1,
541	541	2012, shall be transferred to the possession of the General Land
542	542	Office on September 1, 2012, or as soon as possible after that date.
543	543	SECTION 21. This Act takes effect September 1, 2011.