Texas 2017 - 85th Regular

Texas House Bill HB352

Filed
11/15/16  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the procedure by which a state agency may issue an opinion that a watercourse is navigable.

Impact

If enacted, the bill would amend the Texas Water Code to enhance transparency and accountability in the process by which state agencies assess the navigability of watercourses. The inclusion of mandatory public meetings and notifications for landowners strengthens the role of public participation and input, potentially preventing future disputes over navigability assessments. This could lead to clearer delineations of public access rights and property ownership along Texas's waterways, impacting both conservation efforts and development activities in these areas.

Summary

House Bill 352 focuses on establishing a clear procedural framework for how state agencies in Texas can determine and declare whether a specified watercourse is navigable. This bill introduces a structured process that mandates either a gradient boundary survey by a licensed land surveyor or a formal opinion from the General Land Office to ascertain navigability. Additionally, it requires that affected landowners receive notice and are given the opportunity to participate in a public meeting where they can express support or objections regarding the navigability determination.

Sentiment

General sentiment surrounding HB 352 appears to be supportive among stakeholders who prioritize transparency in state governance and public involvement in environmental decisions. By ensuring that property owners near identified watercourses are informed and engaged, the bill aims to foster trust in the navigability determination process. However, there may be some contention regarding how these procedures might affect property rights or impose additional burdens on state agencies.

Contention

Notable points of contention could arise around the potential increase in procedural requirements for state agencies. Some opponents might argue that the added steps, such as conducting gradient surveys and holding public meetings, could introduce delays in decision-making regarding navigable watercourses, potentially impacting economic development or environmental management efforts. The balance between local landowner engagement and efficient state agency operations will be a focus of debate moving forward.

Companion Bills

No companion bills found.

Similar Bills

TX HB271

Relating to the procedure by which a state agency may issue an opinion that a watercourse is navigable.

TX HB298

Relating to the procedure by which a state agency may issue an opinion that a watercourse is navigable.

TX HB2892

Relating to the procedure by which a state agency may issue an opinion that a watercourse is navigable.

CA AB1164

Dams and reservoirs: exclusions: publicly owned or operated regulating basins.

CA SB69

Ocean Resiliency Act of 2019.

CT HB07174

An Act Concerning Riparian Areas.

CA AB727

Dams and reservoirs: exclusions.

CT HB05068

An Act Creating A Rebuttable Presumption For The Approval Of An Inland Wetlands Permit For A Dry Hydrant.