Texas 2019 - 86th Regular

Texas House Bill HB298 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R699 JAM-F
2	2	By: Murr H.B. No. 298
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedure by which a state agency may issue an
8	8	opinion that a watercourse is navigable.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 11, Water Code, is amended
11	11	by adding Section 11.098 to read as follows:
12	12	Sec. 11.098. OPINION OF NAVIGABILITY; NOTICE AND MEETING.
13	13	(a) Before a state agency, on its own or at the request of another
14	14	governmental entity, may issue an opinion that a watercourse or a
15	15	portion of a watercourse is a navigable stream for the purposes of
16	16	this chapter, Chapter 21, Natural Resources Code, Chapter 138 (S.B.
17	17	150), Acts of the 41st Legislature, Regular Session, 1929 (Article
18	18	5414a, Vernon's Texas Civil Statutes), or Chapter 232 (S.B. 269),
19	19	Acts of the 54th Legislature, Regular Session, 1955 (Article
20	20	5414a-1, Vernon's Texas Civil Statutes), the agency shall:
21	21	(1) either:
22	22	(A) perform or have performed by a licensed state
23	23	land surveyor a gradient boundary survey of the watercourse or
24	24	portion of the watercourse at issue; or
25	25	(B) obtain from the General Land Office a written
26	26	opinion that a gradient boundary survey is not required in order to
27	27	issue an opinion as to whether the watercourse or portion of the
28	28	watercourse at issue is a navigable stream;
29	29	(2) provide to each person who owns land abutting or
30	30	lying along, across, or partly across the watercourse or portion of
31	31	the watercourse at issue written notice that:
32	32	(A) provides the name and address of the state
33	33	agency considering issuing the opinion on its own or the
34	34	governmental entity seeking the opinion, as applicable;
35	35	(B) identifies the geographic location of the
36	36	watercourse or portion of the watercourse at issue and the common
37	37	name of the watercourse;
38	38	(C) specifies the date, time, and location of a
39	39	public meeting to be held with regard to the opinion; and
40	40	(D) gives any additional information the agency
41	41	considers necessary; and
42	42	(3) at the date, time, and location stated in the
43	43	notice provided under Subdivision (2), hold a public meeting in
44	44	which:
45	45	(A) any person may appear in person or by
46	46	attorney or enter an appearance in writing;
47	47	(B) any person who appears may present objection
48	48	to or support for an opinion as to whether the watercourse or
49	49	portion of the watercourse at issue is a navigable stream;
50	50	(C) the agency receives evidence, orally or by
51	51	affidavit, in support of or in opposition to the opinion; and
52	52	(D) the agency provides information regarding
53	53	the date and location at which the agency will issue the opinion.
54	54	(b) The meeting must be held in a publicly accessible
55	55	location in a county in which the watercourse or portion of the
56	56	watercourse at issue is located and on a date that allows a
57	57	reasonable period after the notice of the meeting is provided but
58	58	not earlier than the 45th day after the date the notice is provided.
59	59	(c) After the meeting, the agency shall deliver to each
60	60	party to whom notice of the meeting is required to be given a
61	61	written opinion as to whether the watercourse or portion of the
62	62	watercourse at issue is a navigable stream. The opinion may be
63	63	issued with respect to all or part of the watercourse or portion of
64	64	the watercourse at issue.
65	65	(d) An opinion issued by a state agency as to whether a
66	66	portion of a watercourse is a navigable stream does not affect the
67	67	authority of that agency or another agency to issue an opinion as to
68	68	whether another portion of that watercourse is a navigable stream.
69	69	(e) Any party that is aggrieved by an opinion issued under
70	70	this section may appeal the opinion by filing a petition with the
71	71	district court of a county in which the watercourse or portion of
72	72	the watercourse at issue is located not later than the 60th day
73	73	after the date the opinion is issued. The hearing in such an appeal
74	74	before the district court shall be by trial de novo on all issues. A
75	75	petition filed under this subsection must be served on the state
76	76	agency that issued the opinion and on the governmental entity that
77	77	requested the opinion, if applicable.
78	78	(f) This section does not apply to the reissuance by a state
79	79	agency of an opinion as to whether a watercourse or portion of a
80	80	watercourse is a navigable stream that was previously issued by the
81	81	agency or another state agency, including the General Land Office.
82	82	SECTION 2. This Act takes effect September 1, 2019.