| 1 | 1 | | 88R24918 ANG-F |
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| 2 | 2 | | By: Leo-Wilson, et al. H.B. No. 3859 |
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| 3 | 3 | | Substitute the following for H.B. No. 3859: |
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| 4 | 4 | | By: Burns C.S.H.B. No. 3859 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the approval of beach access and use plans by the |
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| 10 | 10 | | commissioner of the General Land Office. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 61.015, Natural Resources Code, is |
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| 13 | 13 | | amended by amending Subsection (b) and adding Subsection (b-1) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (b) Local governments shall submit proposed beach access |
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| 16 | 16 | | and use plans to the commissioner for certification as to |
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| 17 | 17 | | compliance with such policies and rules. The commissioner shall |
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| 18 | 18 | | act on a local government's proposed beach access and use plan |
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| 19 | 19 | | within 90 days of submission by [either] approving the plan, |
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| 20 | 20 | | partially approving the plan under Section 61.0151, or denying |
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| 21 | 21 | | certification. |
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| 22 | 22 | | (b-1) In the event of denial or partial approval under |
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| 23 | 23 | | Section 61.0151, the commissioner shall send the proposed plan or |
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| 24 | 24 | | unapproved portions back to the originating local government with a |
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| 25 | 25 | | statement of specific objections and the reasons for denial, along |
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| 26 | 26 | | with suggested modifications. On receipt, the local government |
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| 27 | 27 | | shall revise and resubmit the plan or unapproved portions. The |
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| 28 | 28 | | commissioner's certification of local government plans shall be by |
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| 29 | 29 | | adoption into the rules under Section 61.011. |
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| 30 | 30 | | SECTION 2. Subchapter B, Chapter 61, Natural Resources |
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| 31 | 31 | | Code, is amended by adding Section 61.0151 to read as follows: |
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| 32 | 32 | | Sec. 61.0151. PARTIAL APPROVAL OF BEACH ACCESS AND USE |
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| 33 | 33 | | PLANS. (a) This section applies only to: |
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| 34 | 34 | | (1) a county having a population of more than 350,000 |
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| 35 | 35 | | and less than 370,000 that borders the Gulf of Mexico and is |
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| 36 | 36 | | adjacent to a county having a population of 4.5 million or more; and |
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| 37 | 37 | | (2) a local government located wholly or partly in a |
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| 38 | 38 | | county described by Subdivision (1). |
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| 39 | 39 | | (b) The commissioner may partially approve a local |
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| 40 | 40 | | government's proposed beach access and use plan submitted under |
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| 41 | 41 | | Section 61.015. If the commissioner partially approves the |
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| 42 | 42 | | proposed beach access and use plan, the local government may submit |
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| 43 | 43 | | to the commissioner subsequent amendments only for the portions of |
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| 44 | 44 | | the beach access and use plan that are partially approved. |
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| 45 | 45 | | (c) Amendments submitted under this section must be |
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| 46 | 46 | | certified consistent with: |
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| 47 | 47 | | (1) Section 61.011 and rules adopted under that |
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| 48 | 48 | | section; and |
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| 49 | 49 | | (2) Chapter 63. |
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| 50 | 50 | | SECTION 3. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2023. |
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