Texas 2017 - 85th Regular

Texas House Bill HB352 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R25288 JAM-F
2	2	By: Murr, Workman H.B. No. 352
3	3	Substitute the following for H.B. No. 352:
4	4	By: Larson C.S.H.B. No. 352
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procedure by which a state agency may issue an
10	10	opinion that a watercourse is navigable.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 11, Water Code, is amended
13	13	by adding Section 11.098 to read as follows:
14	14	Sec. 11.098. OPINION OF NAVIGABILITY; NOTICE AND MEETING.
15	15	(a) Before a state agency, on its own or at the request of another
16	16	governmental entity, may issue an opinion that a watercourse or a
17	17	portion of a watercourse is a navigable stream for the purposes of
18	18	this chapter, Chapter 21, Natural Resources Code, Chapter 138 (S.B.
19	19	150), Acts of the 41st Legislature, Regular Session, 1929 (Article
20	20	5414a, Vernon's Texas Civil Statutes), or Chapter 232 (S.B. 269),
21	21	Acts of the 54th Legislature, Regular Session, 1955 (Article
22	22	5414a-1, Vernon's Texas Civil Statutes), the agency shall:
23	23	(1) either:
24	24	(A) perform or have performed by a licensed state
25	25	land surveyor a gradient boundary survey of the watercourse or
26	26	portion of the watercourse at issue; or
27	27	(B) obtain from the General Land Office a written
28	28	opinion that a gradient boundary survey is not required in order to
29	29	issue an opinion as to whether the watercourse or portion of the
30	30	watercourse at issue is a navigable stream;
31	31	(2) provide to each person who owns land abutting or
32	32	lying along, across, or partly across the watercourse or portion of
33	33	the watercourse at issue written notice that:
34	34	(A) provides the name and address of the state
35	35	agency considering issuing the opinion on its own or the
36	36	governmental entity seeking the opinion, as applicable;
37	37	(B) identifies the geographic location of the
38	38	watercourse or portion of the watercourse at issue and the common
39	39	name of the watercourse;
40	40	(C) specifies the date, time, and location of a
41	41	public meeting to be held with regard to the opinion; and
42	42	(D) gives any additional information the agency
43	43	considers necessary; and
44	44	(3) at the date, time, and location stated in the
45	45	notice provided under Subdivision (2), hold a public meeting in
46	46	which:
47	47	(A) any person may appear in person or by
48	48	attorney or enter an appearance in writing;
49	49	(B) any person who appears may present objection
50	50	to or support for an opinion as to whether the watercourse or
51	51	portion of the watercourse at issue is a navigable stream;
52	52	(C) the agency receives evidence, orally or by
53	53	affidavit, in support of or in opposition to the opinion; and
54	54	(D) the agency provides information regarding
55	55	the date and location at which the agency will issue the opinion.
56	56	(b) The meeting must be held in a publicly accessible
57	57	location in a county in which the watercourse or portion of the
58	58	watercourse at issue is located and on a date that allows a
59	59	reasonable period after the notice of the meeting is provided but
60	60	not earlier than the 45th day after the date the notice is provided.
61	61	(c) After the meeting, the agency shall deliver to each
62	62	party to whom notice of the meeting is required to be given a
63	63	written opinion as to whether the watercourse or portion of the
64	64	watercourse at issue is a navigable stream. The opinion may be
65	65	issued with respect to all or part of the watercourse or portion of
66	66	the watercourse at issue.
67	67	(d) An opinion issued by a state agency as to whether a
68	68	portion of a watercourse is a navigable stream does not affect the
69	69	authority of that agency or another agency to issue an opinion as to
70	70	whether another portion of that watercourse is a navigable stream.
71	71	(e) Any party that is aggrieved by an opinion issued under
72	72	this section may appeal the opinion by filing a petition with the
73	73	district court of a county in which the watercourse or portion of
74	74	the watercourse at issue is located not later than the 60th day
75	75	after the date the opinion is issued. The hearing in such an appeal
76	76	before the district court shall be by trial de novo on all issues. A
77	77	petition filed under this subsection must be served on the state
78	78	agency that issued the opinion and on the governmental entity that
79	79	requested the opinion, if applicable.
80	80	(f) This section does not apply to the reissuance by a state
81	81	agency of an opinion as to whether a watercourse or portion of a
82	82	watercourse is a navigable stream that was previously issued by the
83	83	agency or another state agency, including the General Land Office.
84	84	SECTION 2. This Act takes effect September 1, 2017.