| 1 | 1 | | 86R1831 JXC-F |
|---|
| 2 | 2 | | By: Phelan H.B. No. 485 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the applicability of the law regarding the authority to |
|---|
| 8 | 8 | | construct or maintain a facility or structure on state land. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 51.302, Natural Resources Code, is |
|---|
| 11 | 11 | | amended by amending Subsection (a) and adding Subsection (h) to |
|---|
| 12 | 12 | | read as follows: |
|---|
| 13 | 13 | | (a) No person may construct or maintain any [structure or] |
|---|
| 14 | 14 | | facility or structure on land owned by the state, nor may any person |
|---|
| 15 | 15 | | who has not acquired a proper easement, lease, permit, or other |
|---|
| 16 | 16 | | instrument from the state as required by this chapter or Chapter 33 |
|---|
| 17 | 17 | | and who owns or possesses a facility or structure that is now |
|---|
| 18 | 18 | | located on or across state land continue in possession of the land |
|---|
| 19 | 19 | | unless the person [he] obtains from the commissioner or the board an |
|---|
| 20 | 20 | | easement, lease, permit, or other instrument required by this |
|---|
| 21 | 21 | | chapter or Chapter 33 for the land on which the facility or |
|---|
| 22 | 22 | | structure is to be constructed or is located. |
|---|
| 23 | 23 | | (h) In this section, "facility or structure" means any |
|---|
| 24 | 24 | | structure, work, fixture, or improvement constructed on, affixed |
|---|
| 25 | 25 | | to, or worked on land owned by the state, including coastal public |
|---|
| 26 | 26 | | land as defined by Section 33.004, including fixed or floating |
|---|
| 27 | 27 | | piers, wharves, docks, jetties, groins, breakwaters, fences, |
|---|
| 28 | 28 | | posts, retaining walls, levees, ramps, cabins, houses, shelters, |
|---|
| 29 | 29 | | landfills, excavations, roads, houseboats, weirs, bulkheads, |
|---|
| 30 | 30 | | mooring or anchoring areas or structures, pilings, permanently |
|---|
| 31 | 31 | | moored barges, utility transmission lines, pipelines, and |
|---|
| 32 | 32 | | equipment for the exploration for or production, storage, or |
|---|
| 33 | 33 | | processing of oil, gas, or other minerals. |
|---|
| 34 | 34 | | SECTION 2. Section 51.3021, Natural Resources Code, is |
|---|
| 35 | 35 | | amended by adding Subsection (l) to read as follows: |
|---|
| 36 | 36 | | (l) In this section, "facility or structure" has the meaning |
|---|
| 37 | 37 | | assigned by Section 51.302. |
|---|
| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2019. |
|---|