85R18744 JXC-F
By: Phelan H.B. No. 3749
Substitute the following for H.B. No. 3749:
By: Herrero C.S.H.B. No. 3749
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of the law regarding the authority to
construct or maintain a facility or structure on state land.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.302, Natural Resources Code, is
amended by amending Subsection (a) and adding Subsection (h) to
read as follows:
(a) No person may construct or maintain any [structure or]
facility or structure on land owned by the state, nor may any person
who has not acquired a proper easement, lease, permit, or other
instrument from the state as required by this chapter or Chapter 33
and who owns or possesses a facility or structure that is now
located on or across state land continue in possession of the land
unless the person [he] obtains from the commissioner or the board an
easement, lease, permit, or other instrument required by this
chapter or Chapter 33 for the land on which the facility or
structure is to be constructed or is located.
(h) In this section, "facility or structure" means any
structure, work, fixture, or improvement constructed on, affixed
to, or worked on land owned by the state, including coastal public
land as defined by Section 33.004, including fixed or floating
piers, wharves, docks, jetties, groins, breakwaters, fences,
posts, retaining walls, levees, ramps, cabins, houses, shelters,
landfills, excavations, roads, houseboats, weirs, bulkheads,
mooring or anchoring areas or structures, pilings, permanently
moored barges, utility transmission lines, pipelines, and
equipment for the exploration for or production, storage, or
processing of oil, gas, or other minerals.
SECTION 2. Section 51.3021, Natural Resources Code, is
amended by adding Subsection (l) to read as follows:
(l) In this section, "facility or structure" has the meaning
assigned by Section 51.302.
SECTION 3. This Act takes effect September 1, 2017.