88R24918 ANG-F
By: Leo-Wilson, et al. H.B. No. 3859
Substitute the following for H.B. No. 3859:
By: Burns C.S.H.B. No. 3859
A BILL TO BE ENTITLED
AN ACT
relating to the approval of beach access and use plans by the
commissioner of the General Land Office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.015, Natural Resources Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Local governments shall submit proposed beach access
and use plans to the commissioner for certification as to
compliance with such policies and rules. The commissioner shall
act on a local government's proposed beach access and use plan
within 90 days of submission by [either] approving the plan,
partially approving the plan under Section 61.0151, or denying
certification.
(b-1) In the event of denial or partial approval under
Section 61.0151, the commissioner shall send the proposed plan or
unapproved portions back to the originating local government with a
statement of specific objections and the reasons for denial, along
with suggested modifications. On receipt, the local government
shall revise and resubmit the plan or unapproved portions. The
commissioner's certification of local government plans shall be by
adoption into the rules under Section 61.011.
SECTION 2. Subchapter B, Chapter 61, Natural Resources
Code, is amended by adding Section 61.0151 to read as follows:
Sec. 61.0151. PARTIAL APPROVAL OF BEACH ACCESS AND USE
PLANS. (a) This section applies only to:
(1) a county having a population of more than 350,000
and less than 370,000 that borders the Gulf of Mexico and is
adjacent to a county having a population of 4.5 million or more; and
(2) a local government located wholly or partly in a
county described by Subdivision (1).
(b) The commissioner may partially approve a local
government's proposed beach access and use plan submitted under
Section 61.015. If the commissioner partially approves the
proposed beach access and use plan, the local government may submit
to the commissioner subsequent amendments only for the portions of
the beach access and use plan that are partially approved.
(c) Amendments submitted under this section must be
certified consistent with:
(1) Section 61.011 and rules adopted under that
section; and
(2) Chapter 63.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.