Texas 2025 - 89th Regular

Texas House Bill HB2246 Compare Versions

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1	1		By: Cain H.B. No. 2246
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the terminology used in statute to refer to the
7	9		partially landlocked body of water on the southeastern periphery of
8	10		the North American continent.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		ARTICLE 1. GULF OF AMERICA STATUTORY LANGUAGE INITIATIVE
11	13		SECTION 1.01. Subtitle D, Title 4, Government Code, is
12	14		amended by adding Chapter 452 to read as follows:
13	15		CHAPTER 452. GULF OF AMERICA STATUTORY LANGUAGE INITIATIVE
14	16		Sec. 452.001. FINDINGS AND INTENT. The legislature finds
15	17		that language used in reference to the partially landlocked body of
16	18		water on the southeastern periphery of the North American
17	19		continent, commonly referred to as the "Gulf of Mexico" is
18	20		inaccurate and outdated. It is the intent of the legislature to
19	21		establish preferred terminology for new and revised laws by
20	22		requiring the use of language that accurately describes this region
21	23		of the North American continent.
22	24		Sec. 452.002. USE OF GULF OF AMERICA STATUTORY LANGUAGE
23	25		REQUIRED. (a) The legislature and the Texas Legislative Council
24	26		are directed to avoid using the term "Gulf of Mexico" in any new
25	27		statute or resolution as sections including as sections including
26	28		that term are otherwise amended by law.
27	29		(b) In enacting or revising statutes or resolutions, the
28	30		legislature and the Texas Legislative Council are directed to
29	31		replace, as appropriate, the term "Gulf of Mexico" with the term
30	32		"Gulf of America."
31	33		SECTION 1.02. Chapter 325, Government Code, is amended by
32	34		adding Sections 325.0128 and 325.0129 to read as follows:
33	35		Sec. 325.0128. REVIEW OF AGENCIES FOR USE OF GULF OF AMERICA
34	36		STATUTORY LANGUAGE. (a) As part of its review of a state agency,
35	37		the commission shall consider and make recommendations regarding
36	38		the statutory and regulatory revisions necessary to use the phrase
37	39		"Gulf of America" instead of "Gulf of Mexico."
38	40		(b) As part of its review of an agency, the commission shall
39	41		consider and recommend, as appropriate, statutory revisions in
40	42		accordance with the Gulf of America statutory language initiative
41	43		under Chapter 452.
42	44		Sec. 325.0129. GULF OF AMERICA STATUTORY LANGUAGE
43	45		PROMOTION. The executive commissioner of each state agency or
44	46		commission shall ensure that the agency or commission use the term
45	47		listed as preferred under the Gulf of America statutory language
46	48		initiative in Chapter 452 when proposing, adopting, or amending the
47	49		commission's or agency's rules, reference materials, publications,
48	50		and electronic media.
49	51		ARTICLE 2. AGRICULTURE CODE PROVISIONS
50	52		SECTION 2.01. Section 47.051(2), Agriculture Code, is
51	53		amended to read as follows:
52	54		(2) "Coastal waters" means all the salt water of the
53	55		state, including the portion of the Gulf of America [Gulf of Mexico]
54	56		that is within the jurisdiction of the state.
55	57		ARTICLE 3. ALCOHOLIC BEVERAGE CODE PROVISIONS
56	58		SECTION 3.01. Section 251.742(b), Alcoholic Beverage Code,
57	59		is amended to read as follows:
58	60		(b) This section applies only to a municipality that:
59	61		(1) has a population of 15,000 or more; and
60	62		(2) is located in two counties one of which:
61	63		(A) has a population of 340,000 or more;
62	64		(B) contains a municipality in which at least 85
63	65		percent of the county's population resides; and
64	66		(C) borders the Gulf of America [Gulf of Mexico].
65	67		ARTICLE 4. CIVIL PRACTICE AND REMEDIES CODE PROVISIONS
66	68		SECTION 4.01. Section 15.0181(a)(5), Civil Practice and
67	69		Remedies Code, is amended to read as follows:
68	70		(5) "Inland waters" means the navigable waters
69	71		shoreward of the navigational demarcation lines dividing the high
70	72		seas from harbors, rivers, the Gulf Intracoastal Waterway, and
71	73		other inland waters of Texas, Louisiana, Mississippi, Alabama,
72	74		Arkansas, Tennessee, Missouri, Illinois, Kentucky, or Indiana or of
73	75		Florida along the Gulf of America [Gulf of Mexico] shoreline of
74	76		Florida from the Florida-Alabama border down to and including the
75	77		shoreline of Key West, Florida. The term does not include the Great
76	78		Lakes.
77	79		SECTION 4.02. Section 18.033(a), Civil Practice and
78	80		Remedies Code, is amended to read as follows:
79	81		(a) In a dispute between the State of Texas and an upland
80	82		owner of property fronting on the Gulf of America [Gulf of Mexico]
81	83		and the arms of the Gulf of America [Gulf of Mexico] within the
82	84		boundaries of the State of Texas, the maps, surveys, and property
83	85		descriptions filed in the General Land Office in connection with
84	86		any conveyance by the state or any predecessor government by
85	87		patent, deed, lease, or other authorized forms of grant shall be
86	88		presumed to accurately depict the boundary between adjacent upland
87	89		owners and the state-owned submerged lands.
88	90		SECTION 4.03. Section 21.021, Civil Practice and Remedies
89	91		Code, is amended to read as follows:
90	92		Sec. 21.021. APPLICATION. This subchapter applies to a
91	93		county that:
92	94		(1) is part of two or more judicial districts, that has
93	95		two or more district courts with regular terms, and that is part of
94	96		a district in which a county borders on the international boundary
95	97		of the United States and the Republic of Mexico;
96	98		(2) borders on the international boundary of the
97	99		United States and the Republic of Mexico and that is in a judicial
98	100		district composed of four counties;
99	101		(3) borders on the international boundary of the
100	102		United States and the Republic of Mexico and that has three or more
101	103		district courts or judicial districts wholly within the county; or
102	104		(4) borders on the Gulf of America [Gulf of Mexico] and
103	105		that has four or more district courts or judicial districts of which
104	106		two or more courts or districts are wholly within the county.
105	107		SECTION 4.04. Section 78.052, Civil Practice and Remedies
106	108		Code, is amended to read as follows:
107	109		Sec. 78.052. APPLICABILITY OF SUBCHAPTER: MARINE FIRE
108	110		EMERGENCY. This subchapter applies only to damages for personal
109	111		injury, death, or property damage arising from an error or omission
110	112		of:
111	113		(1) a nonprofit fire department providing services to
112	114		respond to marine fire emergencies under contract to a governmental
113	115		unit, if the error or omission occurs in responding to a marine fire
114	116		emergency:
115	117		(A) on the navigable waters of this state;
116	118		(B) in any place into which a vessel enters or
117	119		from which a vessel departs the waterway leading to that place from
118	120		the Gulf of America [Gulf of Mexico] or the Gulf Intracoastal
119	121		Waterway;
120	122		(C) on property owned or under the control of the
121	123		governmental unit; or
122	124		(D) at the request of the governmental unit in
123	125		the interest of public safety; or
124	126		(2) a fire fighter providing services described by
125	127		Subdivision (1).
126	128		ARTICLE 5. VERNON'S CIVIL STATUTES PROVISIONS
127	129		SECTION 5.01. Section 1, Chapter 311 (H.B. 558), Acts of the
128	130		55th Legislature, Regular Session, 1955 (Article 5421b-1, Vernon's
129	131		Texas Civil Statutes), is amended to read as follows:
130	132		Sec. 1. All or any part of the Public Lands belonging to the
131	133		State situated in and under the bed of Caddo Lake and the
132	134		tributaries thereto and all or any part of such lands adjacent
133	135		thereto shall be subject to lease for mineral development by the
134	136		Commissioner of the General Land Office to any person, firm or
135	137		corporation in accordance with the provisions of existing or future
136	138		laws pertaining to the leasing and development of all islands,
137	139		salt-water lakes, bays, inlets, marshes and reefs, owned by the
138	140		State within tidewater limits, and that portion of the Gulf of
139	141		America [Gulf of Mexico] within the jurisdiction of Texas, and all
140	142		unsold public free school land, both surveyed and unsurveyed, in so
141	143		far as same are not in conflict herewith.
142	144		SECTION 5.02. Section 1, Chapter 10 (H.B. 134), Acts of the
143	145		47th Legislature, Regular Session, 1941 (Article 5421c-4, Vernon's
144	146		Texas Civil Statutes), is amended to read as follows:
145	147		Sec. 1. The School Land Board, created by House Bill No. 9
146	148		of the Forty-sixth Legislature (being Title: Public Lands, Chapter
147	149		3, of the General Laws of the Forty-sixth Legislature, 1939,) is
148	150		hereby authorized to grant and issue easements or surface leases to
149	151		the United States of America in accordance with the conditions
150	152		hereinafter set out, on any island, salt water lake, bay, inlet, or
151	153		marsh within tidewater limits, and that portion of the Gulf of
152	154		America [Gulf of Mexico] within the jurisdiction of the State of
153	155		Texas, to be used exclusively for any purpose essential to the
154	156		National Defense.
155	157		SECTION 5.03. Section 1, Chapter 287 (S.B. 454), Acts of the
156	158		47th Legislature, Regular Session, 1941 (Article 5366a, Vernon's
157	159		Texas Civil Statutes), is amended to read as follows:
158	160		Sec. 1. In each case in which an oil and gas mineral lease
159	161		has heretofore been granted or may hereafter be granted by the State
160	162		of Texas on an area covered by the coastal waters of the State or
161	163		within the Gulf of America [Gulf of Mexico] and in which the War
162	164		Department of the United State refuses to grant a permit to the
163	165		lessee or owner of such lease to drill a well thereon for oil, gas or
164	166		other minerals (the area included in such lease being within the
165	167		navigable waters of the United States) and in the event the primary
166	168		term of such lease should expire during the period of time in which
167	169		the War Department of the United States may continue to refuse to
168	170		issue such permit, then and in such event the primary term of such
169	171		lease is hereby extended for successive periods of one (1) year from
170	172		and after the end of the original primary term of such lease while
171	173		and so long as the War Department may continue such refusal to issue
172	174		to the lessee or to the owner of such lease a permit to drill for
173	175		oil, gas or other minerals, on the area covered thereby; provided,
174	176		that in order to make such extensions effectual the lessee or the
175	177		owner of such lease shall, during each of the annual periods during
176	178		which the primary term of the lease is so extended, apply to and
177	179		seek to obtain from the War Department a permit to drill a well for
178	180		oil, gas or other minerals on the area covered by such lease and be
179	181		unsuccessful in its attempts to obtain a permit, or, if successful
180	182		in obtaining a permit, commence operations for drilling a well upon
181	183		the leased premises within sixty (60) days after obtaining such
182	184		permit; and provided further that the lessee or the owner of such
183	185		lease continues to pay the annual renewal rentals at the rate
184	186		provided for in such lease for the period of time involved in such
185	187		extensions. Should such lease be so extended and should the War
186	188		Department at any time while such lease is still in force and effect
187	189		issue a permit to the lessee or to the owner of such lease to drill a
188	190		well thereon for oil, gas or other minerals, such lease shall
189	191		continue in force and effect if the lessee commences drilling
190	192		operations upon the leased premises within sixty (60) days after
191	193		obtaining such permit, and so long as the lessee or the owner of
192	194		such lease shall continue to conduct drilling or mining operations
193	195		thereon, or if oil, gas or other mineral be discovered thereon by
194	196		the lessee or the owner of such lease, so long as oil, gas or other
195	197		mineral is produced from such leased premises. Should the
196	198		production of oil, gas or other mineral on said leased premises
197	199		after once secured, cease from any cause, such lease shall not
198	200		terminate if the lessee or owner of such lease commences additional
199	201		drilling, reworking or mining operations within thirty (30) days
200	202		thereafter or if it be within the original primary term of such
201	203		lease, commences or resumes the payment or tender of rental on or
202	204		before the rental paying date, if any, next ensuing; but if there be
203	205		no rental paying date next ensuing, the lease shall in no event
204	206		terminate prior to the expiration of the primary term.
205	207		SECTION 5.04. Section 1, Chapter 314 (S.B. 326), Acts of the
206	208		56th Legislature, Regular Session, 1959 (Article 5337-2, Vernon's
207	209		Texas Civil Statutes), is amended to read as follows:
208	210		Sec. 1. The Commissioner of the General Land Office is
209	211		hereby authorized and empowered, acting for and on behalf of the
210	212		State of Texas, to execute any and all grants of easements in, on,
211	213		and across all unsold Public Free School Lands, and in, on, and
212	214		across all islands, salt water lakes, bays, inlets, marshes, and
213	215		reefs owned by the state within the tidewater limits, and in, on,
214	216		and across that portion of the Gulf of America [Gulf of Mexico]
215	217		within the jurisdiction of Texas, to Nueces County Water Control
216	218		and Improvement District Number 4 for right-of-ways for pipe lines
217	219		and for the installation of all works, facilities, and appliances,
218	220		in any and all manners incident to, helpful or necessary for
219	221		securing, storing, processing, treating, transporting, and selling
220	222		an adequate supply of fresh water; provided, however, said Nueces
221	223		County Water Control and Improvement District Number 4 shall pay
222	224		the sum of Ten Dollars ($10.00) as consideration for the granting of
223	225		each easement.
224	226		ARTICLE 6. EDUCATION CODE PROVISIONS
225	227		SECTION 6.01. Section 155.001(2), Education Code, is
226	228		amended to read as follows:
227	229		(2) "Commission" means the regional planning
228	230		commission, council of governments, or similar regional planning
229	231		agency created under Chapter 391, Local Government Code, whose
230	232		membership includes the most populous county that borders on the
231	233		Gulf of America [Gulf of Mexico] or on a bay or inlet of the Gulf of
232	234		America [Gulf of Mexico].
233	235		SECTION 6.02. Section 155.003(c), Education Code, is
234	236		amended to read as follows:
235	237		(c) The commission and advisory committee may cooperate,
236	238		coordinate, and share information with a governmental entity or
237	239		postsecondary educational institution in another state that
238	240		borders the Gulf of America [Gulf of Mexico].
239	241		ARTICLE 7. FAMILY CODE PROVISIONS
240	242		SECTION 7.01. Section 107.106(a), Family Code, is amended
241	243		to read as follows:
242	244		(a) This section applies only to a county:
243	245		(1) with a population of less than 500,000;
244	246		(2) that is contiguous to the Gulf of America [Gulf of
245	247		Mexico] or a bay or inlet opening into the gulf and that borders the
246	248		United Mexican States; or
247	249		(3) that borders a county described by Subdivision
248	250		(2).
249	251		ARTICLE 8. GOVERNMENT CODE PROVISIONS
250	252		SECTION 8.01. Section 490I,0110(b), Government Code, is
251	253		amended to read as follows:
252	254		(b) The broadband development office board of advisors is
253	255		composed of 10 members, appointed as follows:
254	256		(1) two members appointed by the governor, including:
255	257		(A) one member to represent the Texas Economic
256	258		Development and Tourism Office; and
257	259		(B) one member of the public with experience in
258	260		telecommunications or broadband service;
259	261		(2) three members appointed by the lieutenant
260	262		governor, including:
261	263		(A) one member who resides in an urban area;
262	264		(B) one member to represent the public primary
263	265		and secondary education community; and
264	266		(C) one member who resides in a county that:
265	267		(i) is adjacent to an international border;
266	268		(ii) is located not more than 150 miles from
267	269		the Gulf of America [Gulf of Mexico]; and
268	270		(iii) has a population of more than 60,000;
269	271		(3) three members appointed by the speaker of the
270	272		house of representatives, including:
271	273		(A) one member who resides in a rural area;
272	274		(B) one member to represent the health and
273	275		telemedicine industry; and
274	276		(C) one member to represent the public higher
275	277		education community;
276	278		(4) the comptroller or the comptroller's designee; and
277	279		(5) one nonvoting member appointed by the broadband
278	280		development office to represent the office.
279	281		SECTION 8.02. Section 1431.015(b), Government Code, is
280	282		amended to read as follows:
281	283		(b) Notwithstanding any other provision of this chapter or a
282	284		rating requirement prescribed by Chapter 1371, an issuer located
283	285		within 70 miles of the Gulf of America [Gulf of Mexico] or of a bay
284	286		or inlet of the gulf may authorize the issuance of an anticipation
285	287		note or other obligation in the event of an emergency. An
286	288		anticipation note or other obligation issued under this section is
287	289		an obligation under Chapter 1371, but is not required to be rated as
288	290		required by that chapter.
289	291		SECTION 8.03. Section 1475.051, Government Code, is amended
290	292		to read as follows:
291	293		Sec. 1475.051. APPLICABILITY OF SUBCHAPTER. This
292	294		subchapter applies only to a county adjacent to the Gulf of America
293	295		[Gulf of Mexico].
294	296		SECTION 8.04. Section 1478.001, Government Code, is amended
295	297		to read as follows:
296	298		Sec. 1478.001. APPLICABILITY OF CHAPTER. This chapter
297	299		applies only to a county that:
298	300		(1) is located on the Gulf of America [Gulf of Mexico];
299	301		and
300	302		(2) has within its boundaries an island susceptible to
301	303		development for recreational purposes for the use and benefit of
302	304		the residents of the county.
303	305		SECTION 8.05. Section 1502.057(c), Government Code, is
304	306		amended to read as follows:
305	307		(c) The board of trustees having management and control of a
306	308		utility system located in a county contiguous to the Gulf of America
307	309		[Gulf of Mexico] and bordering the United Mexican States may impose
308	310		and collect the charges authorized under this section for services
309	311		provided by the utility system.
310	312		SECTION 8.06. Section 1502.070(a), Government Code, is
311	313		amended to read as follows:
312	314		(a) Management and control of a utility system may be vested
313	315		in:
314	316		(1) the municipality's governing body; or
315	317		(2) a board of trustees named in the proceedings
316	318		adopted by the municipality and consisting of not more than:
317	319		(A) five members, one of whom must be the mayor of
318	320		the municipality;
319	321		(B) seven members, one of whom must be the mayor
320	322		of the municipality, if the municipality is located in a county
321	323		that:
322	324		(i) contains a municipality with a
323	325		population of at least 500,000; and
324	326		(ii) is located on an international border;
325	327		or
326	328		(C) seven members, one of whom must be the mayor
327	329		of the municipality, if the municipality is located in a county:
328	330		(i) with a population of at least 375,000;
329	331		(ii) that is located on an international
330	332		border; and
331	333		(iii) that borders the Gulf of America
332	334		[Gulf of Mexico].
333	335		SECTION 8.07. The heading to Subchapter A, Chapter 1505,
334	336		Government Code, is amended to read as follows:
335	337		SUBCHAPTER A. BONDS FOR HARBOR IMPROVEMENTS IN MUNICIPALITIES
336	338		BORDERING GULF OF AMERICA [GULF OF MEXICO]
337	339		SECTION 8.08. Section 1505.001, Government Code, is amended
338	340		to read as follows:
339	341		Sec. 1505.001. APPLICABILITY OF SUBCHAPTER. This
340	342		subchapter applies only to a municipality that borders the Gulf of
341	343		America [Gulf of Mexico].
342	344		SECTION 8.09. Section 1505.053, Government Code, is amended
343	345		to read as follows:
344	346		Sec. 1505.053. AUTHORITY FOR NAVIGATIONAL FACILITIES. A
345	347		municipality may:
346	348		(1) own, purchase, construct, operate, improve,
347	349		enlarge, repair, or maintain a bridge over or across any stream,
348	350		inlet, or arm of the Gulf of America [Gulf of Mexico] or entrance
349	351		canal to the deepwater port of the municipality that connects any of
350	352		the public streets, highways, or thoroughfares of the municipality;
351	353		(2) own, purchase, construct, repair, maintain,
352	354		operate, or lease:
353	355		(A) a wharf, pier, pavilion, or boathouse; or
354	356		(B) a dam, dyke, or spillway with a road or bridge
355	357		on or over it to create a freshwater supply basin for domestic,
356	358		irrigation, and other purposes in the navigation district in which
357	359		the municipality is located or in a county adjacent to the
358	360		freshwater basin;
359	361		(3) acquire, reclaim, reconstruct, or fill in any
360	362		submerged land along the waterfront of the municipality and
361	363		construct, operate, or maintain a water main, gas main, storm
362	364		sewer, sanitary sewer, sidewalk, street, or similar improvement in
363	365		connection with that land;
364	366		(4) construct a seawall, breakwater, or other shore
365	367		protection to protect the waterfront of the municipality; and
366	368		(5) construct, reconstruct, maintain, operate, or
367	369		dredge a channel in connection with a deepwater port in aid of
368	370		navigation within the municipality.
369	371		SECTION 8.10. Section 1505.102(1), Government Code, is
370	372		amended to read as follows:
371	373		(1) "Bridge or tunnel" means a bridge over, or a tube,
372	374		underpass, or tunnel under, any stream, inlet, or arm of the Gulf of
373	375		America [Gulf of Mexico] or entrance channel to the deepwater port
374	376		of a municipality that connects any public streets or thoroughfares
375	377		of, in, or to the municipality.
376	378		SECTION 8.11. Section 1505.201, Government Code, is amended
377	379		to read as follows:
378	380		Sec. 1505.201. APPLICABILITY OF SUBCHAPTER. This
379	381		subchapter applies only to a municipality that:
380	382		(1) has a population of less than 12,000; and
381	383		(2) is located on the Gulf of America [Gulf of Mexico]
382	384		or a channel, canal, bay, or inlet connected with that gulf.
383	385		SECTION 8.12. Section 1506.101, Government Code, is amended
384	386		to read as follows:
385	387		Sec. 1506.101. APPLICABILITY OF SUBCHAPTER. This
386	388		subchapter applies only to a municipality that:
387	389		(1) is located on the Gulf of America [Gulf of Mexico]
388	390		or on a channel, canal, bay, or inlet connected to the Gulf of
389	391		America [Gulf of Mexico]; and
390	392		(2) has a population of:
391	393		(A) more than 53,000 and less than 84,000; or
392	394		(B) more than 115,000 and less than 160,000.
393	395		SECTION 8.13. Section 1505.251, Government Code, is amended
394	396		to read as follows:
395	397		Sec. 1505.251. APPLICABILITY OF SUBCHAPTER. This
396	398		subchapter applies only to a general-law municipality that:
397	399		(1) has a population of 5,000 or less; and
398	400		(2) is located on the Gulf of America [Gulf of Mexico]
399	401		or a channel, canal, bay, or inlet connected with that gulf.
400	402		SECTION 8.14. Section 2204.301, Government Code, is amended
401	403		to read as follows:
402	404		Sec. 2204.301. GRANT TO UNITED STATES. The governor may
403	405		grant to the United States in accordance with this subchapter those
404	406		portions of the beds and banks of the Pecos and Devils rivers in Val
405	407		Verde County and of the Rio Grande in Brewster, Cameron, Hidalgo,
406	408		Hudspeth, Jeff Davis, Kinney, Maverick, Presidio, Starr, Terrell,
407	409		Val Verde, Webb, and Zapata counties:
408	410		(1) for which title is vested in this state; and
409	411		(2) that may be necessary or expedient in the
410	412		construction and use of the storage and flood control dams and their
411	413		resultant reservoirs, diversion works, and appurtenances provided
412	414		for in the Treaty Relating to the Utilization of the Waters of the
413	415		Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from
414	416		Fort Quitman, Texas, to the Gulf of America [Gulf of Mexico],
415	417		concluded by the United States and the United Mexican States on
416	418		February 3, 1944.
417	419		ARTICLE 9. HEALTH AND SAFETY CODE PROVISIONS
418	420		SECTION 9.01. Section 341.03571(b), Health and Safety Code,
419	421		is amended to read as follows:
420	422		(b) This section applies only to a county, or a municipality
421	423		in a county, that:
422	424		(1) borders the United Mexican States or is adjacent
423	425		to a county that borders the United Mexican States;
424	426		(2) has a population of at least 400,000 or has a
425	427		population of at least 20,000 and is adjacent to a county that has a
426	428		population of at least 400,000; and
427	429		(3) is within 200 miles of the Gulf of America [Gulf of
428	430		Mexico].
429	431		SECTION 9.02. Section 361.121(o), Health and Safety Code,
430	432		is amended to read as follows:
431	433		(o) The commission may not issue a permit under this section
432	434		for a land application unit that is located both:
433	435		(1) in a county that borders the Gulf of America [Gulf
434	436		of Mexico]; and
435	437		(2) 500 feet or less from any water well or surface
436	438		water.
437	439		SECTION 9.03. Section 361.122, Health and Safety Code, is
438	440		amended to read as follows:
439	441		Sec. 361.122. DENIAL OF CERTAIN LANDFILL PERMITS. The
440	442		commission may not issue a permit for a Type IV landfill if:
441	443		(1) the proposed site is located within 100 feet of a
442	444		canal that is used as a public drinking water source or for
443	445		irrigation of crops used for human or animal consumption;
444	446		(2) the proposed site is located in a county with a
445	447		population of more than 225,000 that is located adjacent to the Gulf
446	448		of America [Gulf of Mexico]; and
447	449		(3) prior to final consideration of the application by
448	450		the commission, the commissioners of the county in which the
449	451		facility is located have adopted a resolution recommending denial
450	452		of the application.
451	453		SECTION 9.04. Sections 365.003(b) and (c), Health and
452	454		Safety Code, are amended to read as follows:
453	455		(b) In this section, "beach" means an area in which the
454	456		public has acquired a right of use or an easement and that borders
455	457		on the seaward shore of the Gulf of America [Gulf of Mexico] or
456	458		extends from the line of mean low tide to the line of vegetation
457	459		bordering on the Gulf of America [Gulf of Mexico].
458	460		(c) This section applies only to a county park located in a
459	461		county that has the Gulf of America [Gulf of Mexico] as one
460	462		boundary, but does not apply to a beach located in that park.
461	463		SECTION 9.05. Section 366.012(a), Health and Safety Code,
462	464		is amended to read as follows:
463	465		(a) To assure the effective and efficient administration of
464	466		this chapter, the commission shall:
465	467		(1) adopt rules governing the installation of on-site
466	468		sewage disposal systems, including rules concerning the:
467	469		(A) review and approval of on-site sewage
468	470		disposal systems; and
469	471		(B) temporary waiver of a permit for an emergency
470	472		repair; and
471	473		(2) adopt rules under this chapter that:
472	474		(A) encourage the use of economically feasible
473	475		alternative techniques and technologies for on-site sewage
474	476		disposal systems that can be used in soils not suitable for
475	477		conventional on-site sewage disposal;
476	478		(B) address the separation of graywater, as
477	479		defined by Section 341.039, in a residence served by an on-site
478	480		sewage disposal system;
479	481		(C) allow for an adjustment in the size required
480	482		of an on-site sewage disposal system if the system is used in
481	483		conjunction with a graywater system that complies with the rules
482	484		adopted under Section 341.039;
483	485		(D) require on-site sewage disposal systems,
484	486		including risers and covers, installed after September 1, 2012, to
485	487		be designed to prevent access to the system by anyone other than:
486	488		(i) the owner of the system; or
487	489		(ii) a person described by Section
488	490		366.071(a) or (b);
489	491		(E) for a county with a population of at least
490	492		350,000 and not more than 370,000 that is adjacent to the Gulf of
491	493		America [Gulf of Mexico] and adjacent to a county with a population
492	494		of at least 3.3 million, allow for the installation of aerobic drip
493	495		emitter systems on subdivided or platted properties less than
494	496		one-half acre in size serving single-family residences supplied by
495	497		a public drinking water system if site-specific planning materials
496	498		have been:
497	499		(i) submitted by a licensed engineer or
498	500		registered sanitarian; and
499	501		(ii) approved by the appropriate authorized
500	502		agent; and
501	503		(F) for a county with a population of more than
502	504		40,000 and less than 50,000 that borders the Red River along the
503	505		Oklahoma state line and has a major interstate road running through
504	506		it, allow for the installation of aerobic drip emitter systems on
505	507		subdivided or platted properties less than one-half acre in size,
506	508		serving single-family residences supplied by a public drinking
507	509		water system if site-specific planning materials have been:
508	510		(i) submitted by a licensed engineer or
509	511		registered sanitarian; and
510	512		(ii) approved by the appropriate authorized
511	513		agent.
512	514		SECTION 9.06. Section 711.008(d), Health and Safety Code,
513	515		is amended to read as follows:
514	516		(d) Subsection (a) does not apply to a cemetery established
515	517		and operating before September 1, 1995, in a county with a
516	518		population of more than 315,000 and less than 351,000 that borders
517	519		the Gulf of America [Gulf of Mexico].
518	520		SECTION 9.07. Section 773.1141(a), Health and Safety Code,
519	521		is amended to read as follows:
520	522		(a) This section applies only to a trauma service area
521	523		regional advisory council serving a geographic area that includes:
522	524		(1) at least one county located on the international
523	525		border of this state; and
524	526		(2) at least one county adjacent to the Gulf of America
525	527		[Gulf of Mexico].
526	528		SECTION 9.08. Section 775.021(a), Health and Safety Code,
527	529		is amended to read as follows:
528	530		(a) This section applies only to a district located in whole
529	531		or in part in a county that:
530	532		(1) borders the Gulf of America [Gulf of Mexico]; and
531	533		(2) has a population of less than 1.5 million.
532	534		ARTICLE 10. LOCAL GOVERNMENT CODE PROVISIONS
533	535		SECTION 10.01. Section 42.021(c), Local Government Code, is
534	536		amended to read as follows:
535	537		(c) Subsection (b) applies to a municipality that has:
536	538		(1) a population of 2,000 or more; and
537	539		(2) territory located:
538	540		(A) entirely on a barrier island in the Gulf of
539	541		America [Gulf of Mexico]; and
540	542		(B) within 30 miles of an international border.
541	543		SECTION 10.02. Section 42.0235(a), Local Government Code,
542	544		is amended to read as follows:
543	545		(a) Notwithstanding Section 42.021, and except as provided
544	546		by Subsection (d), the extraterritorial jurisdiction of a
545	547		municipality with a population of more than 175,000 located in a
546	548		county that contains an international border and borders the Gulf
547	549		of America [Gulf of Mexico] terminates two miles from the
548	550		extraterritorial jurisdiction of a neighboring municipality if
549	551		extension of the extraterritorial jurisdiction beyond that limit
550	552		would:
551	553		(1) completely surround the corporate boundaries or
552	554		extraterritorial jurisdiction of the neighboring municipality; and
553	555		(2) limit the growth of the neighboring municipality
554	556		by precluding the expansion of the neighboring municipality's
555	557		extraterritorial jurisdiction.
556	558		SECTION 10.03. Section 43.017, Local Government Code, is
557	559		amended to read as follows:
558	560		Sec. 43.017. PROHIBITION AGAINST ANNEXATION TO SURROUND
559	561		MUNICIPALITY IN CERTAIN COUNTIES. A municipality with a population
560	562		of more than 175,000 located in a county that contains an
561	563		international border and borders the Gulf of America [Gulf of
562	564		Mexico] may not annex an area that would cause another municipality
563	565		to be entirely surrounded by the corporate limits or
564	566		extraterritorial jurisdiction of the annexing municipality.
565	567		SECTION 10.04. Section 43.0751(n), Local Government Code,
566	568		is amended to read as follows:
567	569		(n) This subsection applies only to a municipality any
568	570		portion of which is located in a county that has a population of not
569	571		less than 315,000 and not more than 351,000 and that borders the
570	572		Gulf of America [Gulf of Mexico] and is adjacent to a county with a
571	573		population of more than 3.3 million. A municipality may impose
572	574		within the boundaries of a district a municipal sales and use tax
573	575		authorized by Chapter 321, Tax Code, or a municipal hotel occupancy
574	576		tax authorized by Chapter 351, Tax Code, that is imposed in the
575	577		municipality if:
576	578		(1) the municipality has annexed the district for
577	579		limited purposes under this section; or
578	580		(2) following two public hearings on the matter, the
579	581		municipality and the district enter a written agreement providing
580	582		for the imposition of the tax or taxes.
581	583		SECTION 10.05. Section 43.082, Local Government Code, is
582	584		amended to read as follows:
583	585		Sec. 43.082. ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND
584	586		OWNED BY NAVIGATION DISTRICT. A municipality with a population of
585	587		less than 30,000, that is in a county that borders the Gulf of
586	588		America [Gulf of Mexico] and that is adjacent to a county with a
587	589		population of one million or more, and that seeks to annex land
588	590		owned by a navigation district operating under Section 59, Article
589	591		XVI, Texas Constitution, must have the consent of the district to
590	592		annex the land.
591	593		SECTION 10.06. Section 43.902(a), Local Government Code, is
592	594		amended to read as follows:
593	595		(a) Land on an island bordering the Gulf of America [Gulf of
594	596		Mexico] that is not accessible by a public road or common carrier
595	597		ferry facility may not be annexed by a municipality without the
596	598		consent of the owners of the land.
597	599		SECTION 10.07. Section 85.004(e), Local Government Code, is
598	600		amended to read as follows:
599	601		(e) The sheriff of a county that borders the Gulf of America
600	602		[Gulf of Mexico] may organize some of the reserve deputies to serve
601	603		as marine reserve deputies and lifeguards for beach and water
602	604		safety purposes and other related functions as the sheriff may
603	605		determine. A reserve deputy performing functions under this
604	606		subsection is subject to the laws of this state that relate to
605	607		reserve deputies except that they may not carry firearms in the
606	608		performance of their duties.
607	609		SECTION 10.08. Section 118.026(a), Local Government Code,
608	610		is amended to read as follows:
609	611		(a) The commissioners court of a county that borders the
610	612		United Mexican States and the Gulf of America [Gulf of Mexico] may
611	613		adopt a records technology and infrastructure fee as part of the
612	614		county's annual budget. The fee must be set and itemized in the
613	615		county's budget as part of the budget preparation process.
614	616		SECTION 10.09. Section 152.032(d), Local Government Code,
615	617		is amended to read as follows:
616	618		(d) The amount of the compensation and allowances of a
617	619		county auditor in a county subject to this subsection may be set in
618	620		an amount that exceeds the limit established by Subsection (a) if
619	621		the compensation and allowances are approved by the commissioners
620	622		court of the county. This subsection applies only to:
621	623		(1) a county with a population of 120,000 or more,
622	624		excluding a county subject to Subsection (b);
623	625		(2) a county with a population of more than 1,000 and
624	626		less than 23,000 that borders the Gulf of America [Gulf of Mexico];
625	627		(3) a county with a population of more than 11,000 and
626	628		less than 11,350; and
627	629		(4) a county that:
628	630		(A) borders a county with a population of more
629	631		than one million; and
630	632		(B) has a population of more than 44,500 and less
631	633		than 46,500.
632	634		SECTION 10.10. Section 233.001(a), Local Government Code,
633	635		is amended to read as follows:
634	636		(a) If the commissioners court of a county that borders the
635	637		Gulf of America [Gulf of Mexico] and is adjacent to a county with a
636	638		population of more than 3.3 million finds that a bulkhead or other
637	639		method of shoreline protection, hereafter called "structure," in an
638	640		unincorporated area of the county is likely to endanger persons or
639	641		property, the commissioners may:
640	642		(1) order the owner of the structure, the owner's
641	643		agent, or the owner or occupant of the property on which the
642	644		structure is located to repair, remove, or demolish the structure
643	645		or the part of the structure within a specified time; or
644	646		(2) repair, remove, or demolish the structure or the
645	647		part of the structure at the expense of the county on behalf of the
646	648		owner of the structure or the owner of the property on which the
647	649		structure is located and assess the repair, removal, or demolition
648	650		expenses on the property on which the structure was located.
649	651		SECTION 10.11. Sections 240.901(b) and (d), Local
650	652		Government Code, are amended to read as follows:
651	653		(b) A county bordering on the Gulf of America [Gulf of
652	654		Mexico] or on the tidewater limits of the gulf may determine the
653	655		boundaries of any flood-prone area of the county. The suitability
654	656		of that determination is conclusively established when the
655	657		commissioners court of the county adopts a resolution finding that
656	658		the area is a flood-prone area.
657	659		(d) In this section, "flood-prone area" means an area that
658	660		is subject to damage from rising water or flooding from the Gulf of
659	661		America [Gulf of Mexico] or its tidal waters, including lakes,
660	662		bays, inlets, and lagoons.
661	663		SECTION 10.12. Section 240.902(b), Local Government Code,
662	664		is amended to read as follows:
663	665		(b) In this section, "public beach" means a beach located on
664	666		a bay or inlet of the Gulf of America [Gulf of Mexico] to which the
665	667		general public or a substantial part of the general public has free
666	668		access.
667	669		SECTION 10.13. Section 240.909(a), Local Government Code,
668	670		is amended to read as follows:
669	671		(a) This section applies only to a county with a population
670	672		of 50,000 or less that borders the Gulf of America [Gulf of Mexico]
671	673		and in which is located at least one state park and one national
672	674		wildlife refuge.
673	675		SECTION 10.14. Section 240.910(a), Local Government Code,
674	676		is amended to read as follows:
675	677		(a) This section applies only to a county located on an
676	678		international border and adjacent to the Gulf of America [Gulf of
677	679		Mexico].
678	680		SECTION 10.15. Section 253.001(e), Local Government Code,
679	681		is amended to read as follows:
680	682		(e) Subsection (b) does not apply to a conveyance of park
681	683		land that:
682	684		(1) is owned by a home-rule municipality with a
683	685		population of less than 80,000 and that is located in a county
684	686		bordering the Gulf of America [Gulf of Mexico];
685	687		(2) is one acre or less;
686	688		(3) is part of a park that is 100 acres or less;
687	689		(4) is sold or is conveyed as a sale to the owner of
688	690		adjoining property; and
689	691		(5) is conveyed pursuant to a resolution or an
690	692		ordinance that:
691	693		(A) is adopted under this section;
692	694		(B) requires the sale to be with an owner of
693	695		adjoining property for fair market value as determined by an
694	696		independent appraisal obtained by the municipality; and
695	697		(C) has an effective date before December 31,
696	698		1995.
697	699		SECTION 10.16. Section 254.001, Local Government Code, is
698	700		amended to read as follows:
699	701		Sec. 254.001. APPLICABILITY OF CHAPTER. This chapter
700	702		applies only to a municipality located on a channel, canal, bay,
701	703		inlet, or lake connected to the Gulf of America [Gulf of Mexico].
702	704		SECTION 10.17. Section 306.032(a), Local Government Code,
703	705		is amended to read as follows:
704	706		(a) This section applies only to a home-rule municipality
705	707		that has a population of less than 80,000 and borders on the Gulf of
706	708		America [Gulf of Mexico].
707	709		SECTION 10.18. Section 307.001, Local Government Code, is
708	710		amended to read as follows:
709	711		Sec. 307.001. ELIGIBLE MUNICIPALITIES. A municipality that
710	712		borders on the Gulf of America [Gulf of Mexico] and has a population
711	713		of 50,000 or more may use and occupy for park purposes gulf
712	714		tidelands and adjacent water as provided by this chapter.
713	715		SECTION 10.19. Section 307.002(a), Local Government Code,
714	716		is amended to read as follows:
715	717		(a) The municipality may use and occupy for park purposes
716	718		under this chapter:
717	719		(1) the tidelands between:
718	720		(A) the lines of ordinary high tide and ordinary
719	721		low tide of the Gulf of America [Gulf of Mexico]; and
720	722		(B) extensions into the gulf, not more than 1,000
721	723		feet apart, of property lines of property that is above and fronting
722	724		the tidelands and is owned or acquired by the municipality for park
723	725		purposes or in or to which the municipality has or may acquire
724	726		easements or other rights or privileges authorizing the
725	727		municipality to use or occupy the property for park purposes; and
726	728		(2) the waters of the gulf adjacent to those
727	729		tidelands, and the gulf bed below those waters, for a distance not
728	730		to exceed 2,000 feet from the line of ordinary high tide.
729	731		SECTION 10.20. Section 307.021(c), Local Government Code,
730	732		is amended to read as follows:
731	733		(c) The pier may not:
732	734		(1) extend into the gulf for a distance of more than
733	735		2,000 feet from the line of ordinary high tide;
734	736		(2) extend into any part of a channel deepened or
735	737		improved for commercial navigation or between the shoreline and any
736	738		such channel; or
737	739		(3) extend into any arm, inlet, bay, or body of water
738	740		other than the main body of the Gulf of America [Gulf of Mexico].
739	741		SECTION 10.21. Sections 307.042(b) and (c), Local
740	742		Government Code, are amended to read as follows:
741	743		(b) As additional security for the bonds, notes, or
742	744		warrants, the municipality may mortgage and encumber all or a
743	745		designated part of:
744	746		(1) the pier, structures, or improvements;
745	747		(2) the furnishings and equipment; or
746	748		(3) the interest, easement, or other rights in land
747	749		acquired or to be acquired and used in connection with the park
748	750		land, including the right of use and occupancy of the park land and
749	751		the title or rights to the tidelands, waters, or beds of the Gulf of
750	752		America [Gulf of Mexico] acquired by the municipality.
751	753		(c) As additional security for the bonds, notes, or
752	754		warrants, the municipality may, by the terms of a mortgage, grant to
753	755		the purchaser under sale or foreclosure a franchise to operate the
754	756		properties purchased for a period of not more than 99 years after
755	757		the purchase. If at the time of the sale or foreclosure there is a
756	758		pier, structure, or improvement located in whole or in part on or
757	759		over state-owned tideland, water, and bed of the Gulf of America
758	760		[Gulf of Mexico], during that period of 99 years the purchaser and
759	761		the purchaser's heirs, successors, and assigns have the same right
760	762		of use and occupancy to the state-owned tideland, water, and bed as
761	763		is granted to the municipality under this chapter. On termination
762	764		of that period or on cessation of use of the property for that
763	765		purpose, the right of use and occupancy reverts to the
764	766		municipality.
765	767		SECTION 10.22. Section 321.001(a), Local Government Code,
766	768		is amended to read as follows:
767	769		(a) A county that borders on the Gulf of America [Gulf of
768	770		Mexico] and that has within its boundaries one or more islands or
769	771		parts of islands suitable for park purposes may act under this
770	772		chapter for the purpose of improving, equipping, maintaining,
771	773		financing, and operating one or more parks on those islands.
772	774		SECTION 10.23. Section 321.101, Local Government Code, is
773	775		amended to read as follows:
774	776		Sec. 321.101. APPLICABILITY. Notwithstanding Section
775	777		321.001, this subchapter applies only to:
776	778		(1) a county described by Section 321.001; and
777	779		(2) a county that borders on the Gulf of America [Gulf
778	780		of Mexico] and has within its boundaries a beach that:
779	781		(A) is wholly or partly operated by the county as
780	782		a park; or
781	783		(B) is otherwise controlled or maintained by the
782	784		county.
783	785		SECTION 10.24. Section 351.081, Local Government Code, is
784	786		amended to read as follows:
785	787		Sec. 351.081. ESTABLISHMENT IN POPULOUS COUNTIES. The
786	788		commissioners court of a county with a population of more than 3.3
787	789		million or a county that borders the Gulf of America [Gulf of
788	790		Mexico] may establish a department of county park rangers.
789	791		SECTION 10.25. Section 351.083, Local Government Code, is
790	792		amended to read as follows:
791	793		Sec. 351.083. LAW ENFORCEMENT SERVICES IN COUNTY PARKS.
792	794		The department shall provide law enforcement services within the
793	795		county parks of the county and, in a county that borders the Gulf of
794	796		America [Gulf of Mexico], in the unincorporated areas of the county
795	797		that are located on an island or isthmus.
796	798		SECTION 10.26. Section 351.084(b), Local Government Code,
797	799		is amended to read as follows:
798	800		(b) The county park rangers have the same law enforcement
799	801		authority that is given by law to deputy sheriffs except that the
800	802		law enforcement jurisdiction of rangers is limited to the county
801	803		parks of the county and, in a county that borders the Gulf of
802	804		America [Gulf of Mexico], to the unincorporated areas of the county
803	805		that are located on an island or isthmus.
804	806		SECTION 10.27. Section 375.182, Local Government Code, is
805	807		amended to read as follows:
806	808		Sec. 375.182. PROHIBITED USE OF FUNDS. Funds may not be
807	809		spent, an assessment imposed, or a tax levied under this chapter to
808	810		finance the opening, reopening, or maintenance of a pass, canal, or
809	811		waterway across a barrier island connecting the Gulf of America
810	812		[Gulf of Mexico] with inland waters.
811	813		SECTION 10.28. Section 382.002, Local Government Code, is
812	814		amended to read as follows:
813	815		Sec. 382.002. APPLICABILITY. This chapter applies only to:
814	816		(1) a county with a population of 1.5 million or more,
815	817		other than a county that:
816	818		(A) borders on the Gulf of America [Gulf of
817	819		Mexico] or a bay or inlet of the gulf; or
818	820		(B) has two municipalities located wholly or
819	821		partly in its boundaries each having a population of 225,000 or
820	822		more; or
821	823		(2) a county with a population of 70,000 or more that
822	824		is adjacent to a county described by Subdivision (1) in which a
823	825		municipality with a population of 90,000 or more is primarily
824	826		situated and includes all or a part of the extraterritorial
825	827		jurisdiction of a municipality with a population of 1.1 million or
826	828		more.
827	829		SECTION 10.29. Section 501.103, Local Government Code, is
828	830		amended to read as follows:
829	831		Sec. 501.103. CERTAIN INFRASTRUCTURE IMPROVEMENT PROJECTS.
830	832		In this subtitle, "project" includes expenditures that are found by
831	833		the board of directors to be required or suitable for
832	834		infrastructure necessary to promote or develop new or expanded
833	835		business enterprises, limited to:
834	836		(1) streets and roads, rail spurs, water and sewer
835	837		utilities, electric utilities, or gas utilities, drainage, site
836	838		improvements, and related improvements;
837	839		(2) telecommunications and Internet improvements; or
838	840		(3) beach remediation along the Gulf of America [Gulf
839	841		of Mexico].
840	842		SECTION 10.30. Section 501.163(a), Local Government Code,
841	843		is amended to read as follows:
842	844		(a) This section applies only to a corporation the creation
843	845		of which was authorized by a municipality that:
844	846		(1) has a population of 10,000 or more;
845	847		(2) is located in a county that borders:
846	848		(A) the Gulf of America [Gulf of Mexico] or the
847	849		Gulf Intracoastal Waterway; or
848	850		(B) the United Mexican States and in which four
849	851		municipalities with a population of 70,000 or more are located; and
850	852		(3) has, or is included in a metropolitan statistical
851	853		area of this state that has, an unemployment rate that averaged at
852	854		least two percent above the state average for the most recent two
853	855		consecutive years for which statistics are available.
854	856		SECTION 10.31. Section 561.007(a), Local Government Code,
855	857		is amended to read as follows:
856	858		(a) This section applies only to a county that:
857	859		(1) has a population of 190,000 or more, is adjacent to
858	860		a county with a population of 3.3 million or more, and borders the
859	861		Gulf of America [Gulf of Mexico]; and
860	862		(2) operates a road department system under Subchapter
861	863		D, Chapter 252, Transportation Code.
862	864		SECTION 10.32. Section 561.008(a), Local Government Code,
863	865		is amended to read as follows:
864	866		(a) The commissioners court of a county that borders the
865	867		Gulf of America [Gulf of Mexico], other than Jefferson, Kenedy,
866	868		Kleberg, Nueces, Orange, or Willacy County, may:
867	869		(1) construct breakwaters;
868	870		(2) issue bonds, time warrants, or certificates of
869	871		indebtedness of the county to pay for the construction; and
870	872		(3) impose ad valorem taxes to pay the bonds,
871	873		warrants, or certificates.
872	874		SECTION 10.33. Section 571.001, Local Government Code, is
873	875		amended to read as follows:
874	876		Sec. 571.001. APPLICABILITY OF SUBCHAPTER. This subchapter
875	877		applies only to a county or municipality that borders the Gulf of
876	878		America [Gulf of Mexico].
877	879		ARTICLE 11. NATURAL RESOURCES CODE PROVISIONS
878	880		SECTION 11.01. Section 11.0111(a), Natural Resources Code,
879	881		is amended to read as follows:
880	882		(a) The commissioner shall:
881	883		(1) have the area between the coastline of the Gulf of
882	884		America [Gulf of Mexico] and the Three Marine League line compiled
883	885		and platted; and
884	886		(2) locate and set the boundary lines between the
885	887		coastal counties from the coastline to the Three Marine League
886	888		line.
887	889		SECTION 11.02. Sections 11.012(b) and (c), Natural
888	890		Resources Code, are amended to read as follows:
889	891		(b) The State of Texas has full sovereignty over the water,
890	892		the beds and shores, and the arms of the Gulf of America [Gulf of
891	893		Mexico] within its boundaries as provided in Subsection (a) of this
892	894		section, subject only to the right of the United States to regulate
893	895		foreign and interstate commerce under Article I, Section 8 of the
894	896		United States Constitution, and the power of the United States over
895	897		admiralty and maritime jurisdiction under Article III, Section 2 of
896	898		the United States Constitution.
897	899		(c) The State of Texas owns the water and the beds and shores
898	900		of the Gulf of America [Gulf of Mexico] and the arms of the Gulf of
899	901		America [Gulf of Mexico] within the boundaries provided in this
900	902		section, including all land which is covered by the Gulf of America
901	903		[Gulf of Mexico] and the arms of the Gulf of America [Gulf of
902	904		Mexico] either at low tide or high tide.
903	905		SECTION 11.03. Sections 11.013(a) and (c), Natural
904	906		Resources Code, are amended to read as follows:
905	907		(a) The gulfward boundary of each county located on the
906	908		coastline of the Gulf of America [Gulf of Mexico] is the Three
907	909		Marine League line as determined by the United States Supreme
908	910		Court.
909	911		(c) The gulfward boundaries of any city, town, or village
910	912		created and operating under the general laws of the State of Texas
911	913		shall not be established or extended by incorporation or annexation
912	914		more than 5,280 feet gulfward beyond the coastline. The governing
913	915		body of such a city, town, or village may, by ordinance, extend the
914	916		municipal boundaries up to 5,280 feet gulfward. Any inclusion of
915	917		territory in any such city, town, or village more than 5,280 feet
916	918		gulfward beyond the coastline is void. The term "coastline" as used
917	919		in this subsection means the line of mean low tide along that
918	920		portion of the coast which is in direct contact with the open Gulf
919	921		of America [Gulf of Mexico]. The term "city, town, or village
920	922		created and operating under the general laws of the State of Texas"
921	923		shall not include any city operating under a home-rule charter.
922	924		If any such general-law city, town, or village has heretofore
923	925		been established by incorporation or attempted incorporation more
924	926		than 5,280 feet gulfward beyond the coastline, the corporate
925	927		existence of such general-law city, town, or village is in all
926	928		things validated, ratified, approved, and confirmed.
927	929		The boundaries of such general-law city, town, or village,
928	930		including the gulfward boundaries to the extent of 5,280 feet
929	931		gulfward beyond the coastline, are in all things validated,
930	932		ratified, approved, and confirmed and shall not be held invalid by
931	933		reason of the inclusion of more territory than is expressly
932	934		authorized in Article 971, Revised Civil Statutes of Texas, 1925,
933	935		as amended, or by reason of the inclusion of territory other than
934	936		that which is intended to be used for strictly town or city purposes
935	937		as required by Section 7.002, Local Government Code or by reason of
936	938		not constituting a city, town, or village.
937	939		Neither this Act nor the general laws nor the special laws of
938	940		the state shall have the effect of validating, ratifying,
939	941		approving, or confirming the inclusion of territory in any such
940	942		general-law city, town, or village more than 5,280 feet gulfward
941	943		beyond the coastline.
942	944		If for any reason it should be determined by any court of
943	945		competent jurisdiction that any such general-law city, town, or
944	946		village has heretofore been incorporated in violation of the laws
945	947		of the state in effect as of the date of such incorporation or is
946	948		invalid, the corporate boundaries of any such general-law city,
947	949		town, or village shall be revised and reformed to exclude all
948	950		territory more than 5,280 feet gulfward of the coastline.
949	951		SECTION 11.04. Section 11.041(a), Natural Resources Code,
950	952		is amended to read as follows:
951	953		(a) In addition to land and minerals granted to the
952	954		permanent school fund under the constitution and other laws of this
953	955		state, the permanent school fund shall include:
954	956		(1) the mineral estate in river beds and channels;
955	957		(2) the mineral estate in areas within tidewater
956	958		limits, including islands, lakes, bays, and the bed of the sea which
957	959		belong to the state; and
958	960		(3) the arms and the beds and shores of the Gulf of
959	961		America [Gulf of Mexico] within the boundary of Texas.
960	962		SECTION 11.05. Section 32.066(a), Natural Resources Code,
961	963		is amended to read as follows:
962	964		(a) The board may grant easements of right-of-way on any
963	965		land except:
964	966		(1) unsold public school land;
965	967		(2) the portion of the Gulf of America [Gulf of Mexico]
966	968		within the jurisdiction of the state; and
967	969		(3) islands, saltwater lakes, bays, inlets, marshes,
968	970		and reefs owned by the state within tidewater limits.
969	971		SECTION 11.06. Sections 32.067(a)(2) and (3), Natural
970	972		Resources Code, are amended to read as follows:
971	973		(2) "Qualifying Gulf of America [Gulf of Mexico]
972	974		property" means land described in Section 52.011(2) that is subject
973	975		to a lease issued under Subchapter B, Chapter 52.
974	976		(3) "Qualifying Gulf of America [Gulf of Mexico]
975	977		reservoir" means a reservoir that:
976	978		(A) during a period established by board rule has
977	979		an average daily per well production equal to or less than 50
978	980		barrels of oil or barrels of oil equivalent; and
979	981		(B) underlies:
980	982		(i) a qualifying Gulf of America [Gulf of
981	983		Mexico] property; or
982	984		(ii) a pooled unit that includes a
983	985		qualifying Gulf of America [Gulf of Mexico] property.
984	986		SECTION 11.07. Sections 33.004(5) and (11), Natural
985	987		Resources Code, are amended to read as follows:
986	988		(5) "Coastal area" means the geographic area
987	989		comprising all the counties in Texas which have any tidewater
988	990		shoreline, including that portion of the bed and water of the Gulf
989	991		of America [Gulf of Mexico] within the jurisdiction of the State of
990	992		Texas.
991	993		(11) "Submerged land" means any land extending from
992	994		the boundary between the land of the state and the littoral owners
993	995		seaward to the low-water mark on any saltwater lake, bay, inlet,
994	996		estuary, or inland water within the tidewater limits, and any land
995	997		lying beneath the body of water, but for the purposes of this
996	998		chapter only, shall exclude beaches bordering on and the water of
997	999		the open Gulf of America [Gulf of Mexico] and the land lying beneath
998	1000		this water.
999	1001		SECTION 11.08. Sections 33.203(1), (6), (11), (15), and
1000	1002		(18), Natural Resources Code, are amended to read as follows:
1001	1003		(1) "Coastal natural resource areas" means:
1002	1004		(A) coastal barriers;
1003	1005		(B) coastal historic areas;
1004	1006		(C) coastal preserves;
1005	1007		(D) coastal shore areas;
1006	1008		(E) coastal wetlands;
1007	1009		(F) critical dune areas;
1008	1010		(G) critical erosion areas;
1009	1011		(H) gulf beaches;
1010	1012		(I) hard substrate reefs;
1011	1013		(J) oyster reefs;
1012	1014		(K) submerged land;
1013	1015		(L) special hazard areas;
1014	1016		(M) submerged aquatic vegetation;
1015	1017		(N) tidal sand or mud flats;
1016	1018		(O) water of the open Gulf of America [Gulf of
1017	1019		Mexico]; and
1018	1020		(P) water under tidal influence.
1019	1021		(6) "Coastal waters" means waters under tidal
1020	1022		influence and waters of the open Gulf of America [Gulf of Mexico].
1021	1023		(11) "Gulf beach" means a beach bordering the Gulf of
1022	1024		America [Gulf of Mexico] that is:
1023	1025		(A) located inland from the mean low tide line to
1024	1026		the natural line of vegetation bordering the seaward shore of the
1025	1027		Gulf of America [Gulf of Mexico]; or
1026	1028		(B) part of a contiguous beach area to which the
1027	1029		public has a right of use or easement:
1028	1030		(i) continuously held by the public; or
1029	1031		(ii) acquired by the public by
1030	1032		prescription, dedication, or estoppel.
1031	1033		(15) "Submerged land" means land located under waters
1032	1034		under tidal influence or under waters of the open Gulf of America
1033	1035		[Gulf of Mexico], without regard to whether the land is owned by the
1034	1036		state or a person other than the state.
1035	1037		(18) "Water of the open Gulf of America [Gulf of
1036	1038		Mexico]" means water in this state, as defined by Section
1037	1039		26.001(5), Water Code, that is part of the open water of the Gulf of
1038	1040		America [Gulf of Mexico] and that is within the territorial limits
1039	1041		of the state.
1040	1042		SECTION 11.09. Section 33.233(5), Natural Resources Code,
1041	1043		is amended to read as follows:
1042	1044		(5) "Seawater" means any water containing a
1043	1045		concentration of one-twentieth of one percent or more by weight of
1044	1046		total dissolved inorganic salts derived from the marine water of
1045	1047		the Gulf of America [Gulf of Mexico].
1046	1048		SECTION 11.10. Section 33.607(b), Natural Resources Code,
1047	1049		is amended to read as follows:
1048	1050		(b) On an ongoing basis, the commissioner, in consultation
1049	1051		with the Bureau of Economic Geology of The University of Texas at
1050	1052		Austin and coastal county and municipal governments, shall monitor
1051	1053		historical erosion rates at each location along the shore of the
1052	1054		Gulf of America [Gulf of Mexico].
1053	1055		SECTION 11.11. Section 33.613(a), Natural Resources Code,
1054	1056		is amended to read as follows:
1055	1057		(a) Notwithstanding Sections 66.204 and 81.103, Parks and
1056	1058		Wildlife Code, the commissioner may undertake the closure or
1057	1059		modification of a man-made pass or its environs between the Gulf of
1058	1060		America [Gulf of Mexico] and an inland bay if:
1059	1061		(1) the commissioner determines that the pass causes
1060	1062		or contributes to significant erosion of the shoreline of the
1061	1063		adjacent beach;
1062	1064		(2) the pass is not a public navigational channel
1063	1065		constructed or maintained by the federal government; and
1064	1066		(3) the land office receives legislative
1065	1067		appropriations or other funding for that purpose.
1066	1068		SECTION 11.12. Section 33.651(2), Natural Resources Code,
1067	1069		is amended to read as follows:
1068	1070		(2) "Coastal county" means a county that borders on
1069	1071		the Gulf of America [Gulf of Mexico].
1070	1072		SECTION 11.13. Section 33.656, Natural Resources Code, is
1071	1073		amended to read as follows:
1072	1074		Sec. 33.656. PROJECTS THAT QUALIFY FOR FUNDING. To qualify
1073	1075		for funding under this subchapter, a project must:
1074	1076		(1) be sponsored by a coastal county;
1075	1077		(2) be located within the sponsoring coastal county
1076	1078		along or adjacent to the shore of the Gulf of America [Gulf of
1077	1079		Mexico], an inland bay, or a connecting channel between the Gulf of
1078	1080		America [Gulf of Mexico] and an inland bay;
1079	1081		(3) be accessible by public roads or a common carrier
1080	1082		ferry;
1081	1083		(4) be identified and approved for funding by a
1082	1084		coastal county and the land office; and
1083	1085		(5) require more than $5 million to complete, as
1084	1086		estimated by the land office, unless the project implements a
1085	1087		building set-back line established under Section 33.607.
1086	1088		SECTION 11.14. Section 40.003(2), Natural Resources Code,
1087	1089		is amended to read as follows:
1088	1090		(2) "Coastal waters" means the waters and bed of the
1089	1091		Gulf of America [Gulf of Mexico] within the jurisdiction of the
1090	1092		State of Texas, including the arms of the Gulf of America [Gulf of
1091	1093		Mexico] subject to tidal influence, and any other waters contiguous
1092	1094		thereto that are navigable by vessels with a capacity to carry
1093	1095		10,000 gallons or more of oil as fuel or cargo.
1094	1096		SECTION 11.15. Section 51.291(a), Natural Resources Code,
1095	1097		is amended to read as follows:
1096	1098		(a) Except as provided by Subsection (b), the commissioner
1097	1099		may execute grants of easements or other interests in property for
1098	1100		rights-of-way or access across, through, and under unsold public
1099	1101		school land, the portion of the Gulf of America [Gulf of Mexico]
1100	1102		within the jurisdiction of the state, the state-owned riverbeds and
1101	1103		beds of navigable streams in the public domain, and all islands,
1102	1104		saltwater lakes, bays, inlets, marshes, and reefs owned by the
1103	1105		state within tidewater limits for:
1104	1106		(1) telephone, telegraph, electric transmission, and
1105	1107		power lines;
1106	1108		(2) oil pipelines, including pipelines connecting the
1107	1109		onshore storage facilities with the offshore facilities of a
1108	1110		deepwater port, as defined by the federal Deepwater Port Act of 1974
1109	1111		(33 U.S.C.A. Section 1501 et seq.), gas pipelines, sulphur
1110	1112		pipelines, and other electric lines and pipelines of any nature;
1111	1113		(3) irrigation canals, laterals, and water pipelines;
1112	1114		(4) roads; and
1113	1115		(5) any other purpose the commissioner considers to be
1114	1116		in the best interest of the state.
1115	1117		SECTION 11.16. Section 52.011, Natural Resources Code, is
1116	1118		amended to read as follows:
1117	1119		Sec. 52.011. AREA SUBJECT TO LEASE. Under the provisions of
1118	1120		this subchapter, the board may lease to any person for the
1119	1121		production of oil and natural gas:
1120	1122		(1) islands, saltwater lakes, bays, inlets, marshes,
1121	1123		and reefs owned by the state within tidewater limits;
1122	1124		(2) the portion of the Gulf of America [Gulf of Mexico]
1123	1125		within the jurisdiction of the state;
1124	1126		(3) all unsold surveyed and unsurveyed public school
1125	1127		land; and
1126	1128		(4) all land sold with a reservation of minerals to the
1127	1129		state under Section 51.054 or 51.086 of this code in which the state
1128	1130		has retained leasing rights.
1129	1131		SECTION 11.17. Section 52.297(a), Natural Resources Code,
1130	1132		is amended to read as follows:
1131	1133		(a) Leases issued under Subchapter B of this chapter for
1132	1134		unsold surveyed or unsurveyed school land, other than land included
1133	1135		in islands, saltwater lakes, bays, inlets, marshes, and reefs owned
1134	1136		by the state in tidewater limits and other than that portion of the
1135	1137		Gulf of America [Gulf of Mexico] within the jurisdiction of the
1136	1138		state, must include a provision requiring the compensation for
1137	1139		damages from the use of the surface in prospecting for, exploring,
1138	1140		developing, or producing the leased minerals.
1139	1141		SECTION 11.18. Section 52.321(4), Natural Resources Code,
1140	1142		is amended to read as follows:
1141	1143		(4) "Areas within tidewater limits" means islands,
1142	1144		saltwater lakes, bays, inlets, marshes, and reefs within tidewater
1143	1145		limits and that portion of the Gulf of America [Gulf of Mexico]
1144	1146		within the jurisdiction of Texas.
1145	1147		SECTION 11.19. Section 53.011, Natural Resources Code, is
1146	1148		amended to read as follows:
1147	1149		Sec. 53.011. LAND SUBJECT TO PROSPECT. Any tract of land
1148	1150		that belongs to the state, including islands, salt and freshwater
1149	1151		lakes, bays, inlets, marshes, and reefs owned by the state within
1150	1152		tidewater limits, the part of the Gulf of America [Gulf of Mexico]
1151	1153		within the state's jurisdiction, unsold surveyed public school
1152	1154		land, rivers and channels that belong to the state, and land sold
1153	1155		with a reservation of minerals to the state are subject to prospect
1154	1156		by any person for those minerals which are not subject to lease or
1155	1157		permit under any other statute. A person may not prospect from a
1156	1158		location within 2,500 feet of a military base, but prospectors may,
1157	1159		from a location more than 2,500 feet from a base, look for minerals
1158	1160		within the 2,500-foot strip.
1159	1161		SECTION 11.20. Section 53.151(a), Natural Resources Code,
1160	1162		is amended to read as follows:
1161	1163		(a) Under the provisions of this subchapter, the board may
1162	1164		lease to any person for the production of coal, lignite, sulphur,
1163	1165		salt, and potash:
1164	1166		(1) islands, saltwater lakes, bays, inlets, marshes,
1165	1167		and reefs owned by the state within tidewater limits;
1166	1168		(2) the portion of the Gulf of America [Gulf of Mexico]
1167	1169		within the jurisdiction of the state;
1168	1170		(3) rivers and channels that belong to the state;
1169	1171		(4) all unsold surveyed and unsurveyed public school
1170	1172		land; and
1171	1173		(5) all land sold with a reservation of minerals to the
1172	1174		state under Section 51.054 or 51.086 of this code in which the state
1173	1175		has retained leasing rights.
1174	1176		SECTION 11.21. Section 53.155(a), Natural Resources Code,
1175	1177		is amended to read as follows:
1176	1178		(a) Leases issued under Subchapter B or E of this chapter
1177	1179		for unsold surveyed or unsurveyed school land, other than land
1178	1180		included in islands, saltwater lakes, bays, inlets, marshes, and
1179	1181		reefs owned by the state in tidewater limits and other than that
1180	1182		portion of the Gulf of America [Gulf of Mexico] within the
1181	1183		jurisdiction of the state, must include a provision requiring
1182	1184		compensation for damages from the use of the surface in prospecting
1183	1185		for, exploring, developing, or producing the leased minerals.
1184	1186		SECTION 11.22. Section 53.161(7), Natural Resources Code,
1185	1187		is amended to read as follows:
1186	1188		(7) "Areas within tidewater limits" means islands,
1187	1189		saltwater lakes, bays, inlets, marshes, and reefs within tidewater
1188	1190		limits and that portion of the Gulf of America [Gulf of Mexico]
1189	1191		within the jurisdiction of Texas.
1190	1192		SECTION 11.23. Section 61.001(8), Natural Resources Code,
1191	1193		is amended to read as follows:
1192	1194		(8) "Public beach" means any beach area, whether
1193	1195		publicly or privately owned, extending inland from the line of mean
1194	1196		low tide to the line of vegetation bordering on the Gulf of America
1195	1197		[Gulf of Mexico] to which the public has acquired the right of use
1196	1198		or easement to or over the area by prescription, dedication,
1197	1199		presumption, or has retained a right by virtue of continuous right
1198	1200		in the public since time immemorial, as recognized in law and
1199	1201		custom. This definition does not include a beach that is not
1200	1202		accessible by a public road or public ferry as provided in Section
1201	1203		61.021 of this code.
1202	1204		SECTION 11.24. Section 61.011(a), Natural Resources Code,
1203	1205		is amended to read as follows:
1204	1206		(a) It is declared and affirmed to be the public policy of
1205	1207		this state that the public, individually and collectively, shall
1206	1208		have the free and unrestricted right of ingress and egress to and
1207	1209		from the state-owned beaches bordering on the seaward shore of the
1208	1210		Gulf of America [Gulf of Mexico], or if the public has acquired a
1209	1211		right of use or easement to or over an area by prescription,
1210	1212		dedication, or has retained a right by virtue of continuous right in
1211	1213		the public, the public shall have the free and unrestricted right of
1212	1214		ingress and egress to the larger area extending from the line of
1213	1215		mean low tide to the line of vegetation bordering on the Gulf of
1214	1216		America [Gulf of Mexico].
1215	1217		SECTION 11.25. Section 61.012, Natural Resources Code, is
1216	1218		amended to read as follows:
1217	1219		Sec. 61.012. DEFINITION. In this subchapter, "beach" means
1218	1220		state-owned beaches to which the public has the right of ingress and
1219	1221		egress bordering on the seaward shore of the Gulf of America [Gulf
1220	1222		of Mexico] or any larger area extending from the line of mean low
1221	1223		tide to the line of vegetation bordering on the Gulf of America
1222	1224		[Gulf of Mexico] if the public has acquired a right of use or
1223	1225		easement to or over the area by prescription, dedication, or has
1224	1226		retained a right by virtue of continuous right in the public.
1225	1227		SECTION 11.26. Section 61.013(c), Natural Resources Code,
1226	1228		is amended to read as follows:
1227	1229		(c) For purposes of this section, "public beach" shall mean
1228	1230		any beach bordering on the Gulf of America [Gulf of Mexico] that
1229	1231		extends inland from the line of mean low tide to the natural line of
1230	1232		vegetation bordering on the seaward shore of the Gulf of America
1231	1233		[Gulf of Mexico], or such larger contiguous area to which the public
1232	1234		has acquired a right of use or easement to or over by prescription,
1233	1235		dedication, or estoppel, or has retained a right by virtue of
1234	1236		continuous right in the public since time immemorial as recognized
1235	1237		by law or custom. This definition does not include a beach that is
1236	1238		not accessible by a public road or public ferry as provided in
1237	1239		Section 61.021 of this code.
1238	1240		SECTION 11.27. Section 61.014(a), Natural Resources Code,
1239	1241		is amended to read as follows:
1240	1242		(a) As used in this section, "public beach" means the area
1241	1243		extending from the line of mean low tide of the Gulf of America
1242	1244		[Gulf of Mexico] to the line of vegetation bordering on the Gulf of
1243	1245		America [Gulf of Mexico], or to a line 200 feet inland from the line
1244	1246		of mean low tide, whichever is nearer the line of mean low tide, if
1245	1247		the public has acquired a right of use or easement to or over the
1246	1248		area by prescription, dedication, or has retained a right by virtue
1247	1249		of continuous right in the public.
1248	1250		SECTION 11.28. Section 61.018(a-1), Natural Resources
1249	1251		Code, is amended to read as follows:
1250	1252		(a-1) A county attorney, district attorney, or criminal
1251	1253		district attorney or the attorney general may not file a suit under
1252	1254		Subsection (a) to obtain a temporary or permanent court order or
1253	1255		injunction, either prohibitory or mandatory, to remove a house from
1254	1256		a public beach if:
1255	1257		(1) the line of vegetation establishing the boundary
1256	1258		of the public beach moved as a result of a meteorological event that
1257	1259		occurred before January 1, 2009;
1258	1260		(2) the house was located landward of the natural line
1259	1261		of vegetation before the meteorological event;
1260	1262		(3) a portion of the house continues to be located
1261	1263		landward of the line of vegetation; and
1262	1264		(4) the house is located on a peninsula in a county
1263	1265		with a population of more than 315,000 and less than 351,000 that
1264	1266		borders the Gulf of America [Gulf of Mexico].
1265	1267		SECTION 11.29. Section 61.022(a), Natural Resources Code,
1266	1268		is amended to read as follows:
1267	1269		(a) The provisions of this subchapter do not prevent any of
1268	1270		the following governmental entities from erecting or maintaining
1269	1271		any groin, seawall, barrier, pass, channel, jetty, or other
1270	1272		structure as an aid to navigation, protection of the shore,
1271	1273		fishing, safety, or other lawful purpose authorized by the
1272	1274		constitution or laws of this state or the United States:
1273	1275		(1) an agency, department, institution, subdivision,
1274	1276		or instrumentality of the federal government;
1275	1277		(2) an agency, department, institution, or
1276	1278		instrumentality of this state;
1277	1279		(3) a county;
1278	1280		(4) a municipality;
1279	1281		(5) a subdivision of this state, other than a county or
1280	1282		municipality, acting in partnership with the county or municipality
1281	1283		in which the structure is located; or
1282	1284		(6) a subdivision of this state, acting with the
1283	1285		approval of the commissioner, if the structure is a shore
1284	1286		protection structure that:
1285	1287		(A) is designed to protect public
1286	1288		infrastructure, including a state or county highway or bridge;
1287	1289		(B) is located on land that:
1288	1290		(i) is state-owned submerged land or was
1289	1291		acquired for the project by a subdivision of this state; and
1290	1292		(ii) is located in or adjacent to the mouth
1291	1293		of a natural inlet from the Gulf of America [Gulf of Mexico]; and
1292	1294		(C) extends at least 1,000 feet along the
1293	1295		shoreline.
1294	1296		SECTION 11.30. Section 61.023, Natural Resources Code, is
1295	1297		amended to read as follows:
1296	1298		Sec. 61.023. EFFECT ON LAND TITLES AND PROPERTY ADJACENT TO
1297	1299		AND ON BEACHES. The provisions of this subchapter shall not be
1298	1300		construed as affecting in any way the title of the owners of land
1299	1301		adjacent to any state-owned beach bordering on the seaward shore of
1300	1302		the Gulf of America [Gulf of Mexico] or to the continuation of
1301	1303		fences for the retention of livestock across sections of beach
1302	1304		which are not accessible to motor vehicle traffic by public road or
1303	1305		by beach.
1304	1306		SECTION 11.31. Section 61.025(a), Natural Resources Code,
1305	1307		is amended to read as follows:
1306	1308		(a) Except as provided by Subsection (b), a person who sells
1307	1309		or conveys an interest, other than a mineral, leasehold, or
1308	1310		security interest, in real property located seaward of the Gulf
1309	1311		Intracoastal Waterway to its southernmost point and then seaward of
1310	1312		the longitudinal line also known as 97 degrees, 12', 19" which runs
1311	1313		southerly to the international boundary from the intersection of
1312	1314		the centerline of the Gulf Intracoastal Waterway and the
1313	1315		Brownsville Ship Channel must include in any executory contract for
1314	1316		conveyance a statement in substantially the following form:
1315	1317		CONCERNING THE PROPERTY AT ______________________________________
1316	1318		DISCLOSURE NOTICE CONCERNING LEGAL AND ECONOMIC RISKS
1317	1319		OF PURCHASING COASTAL REAL PROPERTY NEAR A BEACH
1318	1320		WARNING: THE FOLLOWING NOTICE OF POTENTIAL RISKS OF
1319	1321		ECONOMIC LOSS TO YOU AS THE PURCHASER OF COASTAL REAL PROPERTY IS
1320	1322		REQUIRED BY STATE LAW.
1321	1323		● READ THIS NOTICE CAREFULLY. DO NOT SIGN THIS CONTRACT
1322	1324		UNTIL YOU FULLY UNDERSTAND THE RISKS YOU ARE ASSUMING.
1323	1325		● BY PURCHASING THIS PROPERTY, YOU MAY BE ASSUMING
1324	1326		ECONOMIC RISKS OVER AND ABOVE THE RISKS INVOLVED IN PURCHASING
1325	1327		INLAND REAL PROPERTY.
1326	1328		● IF YOU OWN A STRUCTURE LOCATED ON COASTAL REAL PROPERTY
1327	1329		NEAR A GULF COAST BEACH, IT MAY COME TO BE LOCATED ON THE PUBLIC
1328	1330		BEACH BECAUSE OF COASTAL EROSION AND STORM EVENTS.
1329	1331		● AS THE OWNER OF A STRUCTURE LOCATED ON THE PUBLIC BEACH,
1330	1332		YOU COULD BE SUED BY THE STATE OF TEXAS AND ORDERED TO REMOVE THE
1331	1333		STRUCTURE.
1332	1334		● THE COSTS OF REMOVING A STRUCTURE FROM THE PUBLIC BEACH
1333	1335		AND ANY OTHER ECONOMIC LOSS INCURRED BECAUSE OF A REMOVAL ORDER
1334	1336		WOULD BE SOLELY YOUR RESPONSIBILITY.
1335	1337		The real property described in this contract is located
1336	1338		seaward of the Gulf Intracoastal Waterway to its southernmost point
1337	1339		and then seaward of the longitudinal line also known as 97 degrees,
1338	1340		12', 19" which runs southerly to the international boundary from
1339	1341		the intersection of the centerline of the Gulf Intracoastal
1340	1342		Waterway and the Brownsville Ship Channel. If the property is in
1341	1343		close proximity to a beach fronting the Gulf of America [Gulf of
1342	1344		Mexico], the purchaser is hereby advised that the public has
1343	1345		acquired a right of use or easement to or over the area of any public
1344	1346		beach by prescription, dedication, or presumption, or has retained
1345	1347		a right by virtue of continuous right in the public since time
1346	1348		immemorial, as recognized in law and custom.
1347	1349		The extreme seaward boundary of natural vegetation that
1348	1350		spreads continuously inland customarily marks the landward
1349	1351		boundary of the public easement. If there is no clearly marked
1350	1352		natural vegetation line, the landward boundary of the easement is
1351	1353		as provided by Sections 61.016 and 61.017, Natural Resources Code.
1352	1354		Much of the Gulf of America [Gulf of Mexico] coastline is
1353	1355		eroding at rates of more than five feet per year. Erosion rates for
1354	1356		all Texas Gulf property subject to the open beaches act are
1355	1357		available from the Texas General Land Office.
1356	1358		State law prohibits any obstruction, barrier, restraint, or
1357	1359		interference with the use of the public easement, including the
1358	1360		placement of structures seaward of the landward boundary of the
1359	1361		easement. OWNERS OF STRUCTURES ERECTED SEAWARD OF THE VEGETATION
1360	1362		LINE (OR OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD
1361	1363		OF THE VEGETATION LINE AS A RESULT OF PROCESSES SUCH AS SHORELINE
1362	1364		EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE THE
1363	1365		STRUCTURES.
1364	1366		The purchaser is hereby notified that the purchaser should:
1365	1367		(1) determine the rate of shoreline erosion in the
1366	1368		vicinity of the real property; and
1367	1369		(2) seek the advice of an attorney or other qualified
1368	1370		person before executing this contract or instrument of conveyance
1369	1371		as to the relevance of these statutes and facts to the value of the
1370	1372		property the purchaser is hereby purchasing or contracting to
1371	1373		purchase.
1372	1374		SECTION 11.32. Section 61.062, Natural Resources Code, is
1373	1375		amended to read as follows:
1374	1376		Sec. 61.062. PUBLIC POLICY. It is the public policy of this
1375	1377		state that the public, individually and collectively, shall have
1376	1378		the free and unrestricted right of ingress and egress to and from
1377	1379		the state-owned beaches bordering on the seaward shore of the Gulf
1378	1380		of America [Gulf of Mexico] if the public has acquired a right of
1379	1381		use or easement to or over the area by prescription, dedication, or
1380	1382		continuous use. This creates a responsibility for the state, in its
1381	1383		position as trustee for the public to assist local governments in
1382	1384		the cleaning of beach areas which are subject to the access rights
1383	1385		of the public as defined in Subchapter B of this chapter.
1384	1386		SECTION 11.33. Section 61.064, Natural Resources Code, is
1385	1387		amended to read as follows:
1386	1388		Sec. 61.064. APPLICATION OF SUBCHAPTER. This subchapter
1387	1389		applies to incorporated cities, towns, and villages that are
1388	1390		located or border on the Gulf of America [Gulf of Mexico] and to all
1389	1391		counties that are located or border on the Gulf of America [Gulf of
1390	1392		Mexico] if the city, town, or village or county that makes
1391	1393		application for funds under this subchapter has within its
1392	1394		boundaries public beaches.
1393	1395		SECTION 11.34. Sections 61.065(a) and (c), Natural
1394	1396		Resources Code, are amended to read as follows:
1395	1397		(a) It is the duty and responsibility of the governing body
1396	1398		of any incorporated city, town, or village located or bordering on
1397	1399		the Gulf of America [Gulf of Mexico] to clean and maintain the
1398	1400		condition of all public beaches within the corporate boundaries.
1399	1401		(c) As part of the duty under this section to clean and
1400	1402		maintain the condition of public beaches, a municipality shall:
1401	1403		(1) during reasonable daylight hours, as established
1402	1404		and posted by the municipality, from Memorial Day to Labor Day,
1403	1405		provide, or ensure that a park board created by the municipality
1404	1406		under Chapter 306, Local Government Code, provides:
1405	1407		(A) occupied lifeguard towers or mobile
1406	1408		lifeguard units on each side of each pier, jetty, or other structure
1407	1409		that protrudes into the Gulf of America [Gulf of Mexico] that is
1408	1410		located within the corporate boundaries; or
1409	1411		(B) a single occupied lifeguard tower or mobile
1410	1412		lifeguard unit at each pier, jetty, or other structure that
1411	1413		protrudes into the Gulf of America [Gulf of Mexico] that is located
1412	1414		within the corporate boundaries if the single tower provides an
1413	1415		unobstructed view of both sides of the structure; and
1414	1416		(2) post within 100 yards of each side of each
1415	1417		structure described by Subdivision (1) signs clearly describing the
1416	1418		dangerous water conditions that may occur near the structure.
1417	1419		SECTION 11.35. Sections 61.066(a), (b), and (e), Natural
1418	1420		Resources Code, are amended to read as follows:
1419	1421		(a) It is the duty and responsibility of the commissioners
1420	1422		court of any county located or bordering on the Gulf of America
1421	1423		[Gulf of Mexico] to clean and maintain the condition of all public
1422	1424		beaches located inside the county but outside the boundaries of any
1423	1425		incorporated city located or bordering on the Gulf of America [Gulf
1424	1426		of Mexico] and all public beaches owned by the county and located
1425	1427		inside the boundaries of an incorporated city, town, or village.
1426	1428		(b) As part of the duty under this section to clean and
1427	1429		maintain the condition of public beaches, a county shall:
1428	1430		(1) during reasonable daylight hours, as established
1429	1431		and posted by the county, from Memorial Day to Labor Day, provide:
1430	1432		(A) occupied lifeguard towers or mobile
1431	1433		lifeguard units on each side of each pier, jetty, or other structure
1432	1434		that protrudes into the Gulf of America [Gulf of Mexico] that is
1433	1435		located on a public beach described by Subsection (a); or
1434	1436		(B) a single occupied lifeguard tower or mobile
1435	1437		lifeguard unit at each pier, jetty, or other structure that
1436	1438		protrudes into the Gulf of America [Gulf of Mexico] that is located
1437	1439		on a public beach described by Subsection (a) if the single tower
1438	1440		provides an unobstructed view of both sides of the structure; and
1439	1441		(2) post within 100 yards of each side of each
1440	1442		structure described by Subdivision (1) signs clearly describing the
1441	1443		dangerous water conditions that may occur near the structure.
1442	1444		(e) Subsection (b)(1) does not apply to a county adjacent to
1443	1445		a county with a population of more than 3.3 million that contains a
1444	1446		municipality adjacent to the Gulf of America [Gulf of Mexico] with a
1445	1447		population of less than 1,000.
1446	1448		SECTION 11.36. Section 61.067(a-2), Natural Resources
1447	1449		Code, is amended to read as follows:
1448	1450		(a-2) As part of the duty under this section to clean and
1449	1451		maintain the condition of public beaches located within state
1450	1452		parks, the department shall:
1451	1453		(1) during reasonable daylight hours, as established
1452	1454		and posted by the department, from Memorial Day to Labor Day,
1453	1455		provide:
1454	1456		(A) occupied lifeguard towers or mobile
1455	1457		lifeguard units on each side of each pier, jetty, or other structure
1456	1458		that protrudes into the Gulf of America [Gulf of Mexico] that is
1457	1459		located within a state park; or
1458	1460		(B) a single occupied lifeguard tower or mobile
1459	1461		lifeguard unit at each pier, jetty, or other structure that
1460	1462		protrudes into the Gulf of America [Gulf of Mexico] that is located
1461	1463		within a state park if the single tower provides an unobstructed
1462	1464		view of both sides of the structure; and
1463	1465		(2) post within 100 yards of each side of each
1464	1466		structure described by Subdivision (1) signs clearly describing the
1465	1467		dangerous water conditions that may occur near the structure.
1466	1468		SECTION 11.37. Section 61.078, Natural Resources Code, is
1467	1469		amended to read as follows:
1468	1470		Sec. 61.078. AUTHORITY TO SPEND COUNTY FUNDS. The
1469	1471		commissioners court of any county located or bordering on the Gulf
1470	1472		of America [Gulf of Mexico] may spend from any available fund the
1471	1473		amount it considers necessary to carry out the responsibilities
1472	1474		provided in this subchapter.
1473	1475		SECTION 11.38. Section 61.080(a), Natural Resources Code,
1474	1476		is amended to read as follows:
1475	1477		(a) The governing body of any incorporated city located or
1476	1478		bordering on the Gulf of America [Gulf of Mexico] that is not
1477	1479		entitled to receive funds under this subchapter may contract with
1478	1480		the commissioners court of the county in which the city is located
1479	1481		to allow the county to clean the beaches within the corporate limits
1480	1482		of the city.
1481	1483		SECTION 11.39. Section 61.083, Natural Resources Code, is
1482	1484		amended to read as follows:
1483	1485		Sec. 61.083. EXEMPTIONS FROM SUBCHAPTER. None of the
1484	1486		provisions of this subchapter apply to any beach area that does not
1485	1487		border on the Gulf of America [Gulf of Mexico] or to any island or
1486	1488		peninsula that is not accessible by a public road or common carrier
1487	1489		ferry facility as long as that condition exists.
1488	1490		SECTION 11.40. Section 61.122, Natural Resources Code, is
1489	1491		amended to read as follows:
1490	1492		(a) The commissioners court of a county bordering on the
1491	1493		Gulf of America [Gulf of Mexico] or its tidewater limits, by order,
1492	1494		may regulate motor vehicle traffic on any beach within the
1493	1495		boundaries of the county, including prohibiting motor vehicle
1494	1496		traffic on any natural or man-made sand dune or other form of
1495	1497		shoreline protection, and may prohibit the littering of the beach
1496	1498		and may define the term "littering."
1497	1499		(b) The commissioners court of a county bordering the Gulf
1498	1500		of America [Gulf of Mexico] or its tidewaters, by order, may
1499	1501		regulate the possession of animals on the beach within its
1500	1502		boundaries, including but not limited to prohibiting animals to run
1501	1503		at large on said beach.
1502	1504		(c) The commissioners court of a county bordering the Gulf
1503	1505		of America [Gulf of Mexico] or its tidewaters, by order, may
1504	1506		regulate swimming in passes leading to and from the Gulf of America
1505	1507		[Gulf of Mexico], located within its boundaries, including but not
1506	1508		limited to prohibiting swimming in said passes and posting signs
1507	1509		notifying persons of such regulation or prohibition.
1508	1510		(d) The commissioners court of a county bordering on the
1509	1511		Gulf of America [Gulf of Mexico] or its tidewater limits, by order,
1510	1512		may prohibit the use and possession of all glass containers and
1511	1513		products on a beach in the unincorporated area of the county. The
1512	1514		commissioners court shall not prohibit any one or several glass
1513	1515		products to the exclusion of any others.
1514	1516		(e) Regulation under Subsection (a) of this section that
1515	1517		prohibits vehicles from an area of public beach is subject to
1516	1518		Section 61.022 of this code.
1517	1519		SECTION 11.41. Section 61.129(a), Natural Resources Code,
1518	1520		is amended to read as follows:
1519	1521		(a) Except as provided in Section 61.022 of this code, this
1520	1522		subchapter does not limit the power of an incorporated city, town,
1521	1523		or village bordering on the Gulf of America [Gulf of Mexico] or any
1522	1524		adjacent body of water to regulate motor vehicle traffic and
1523	1525		prohibit littering on any beach within its corporate limits.
1524	1526		SECTION 11.42. Section 61.132(a), Natural Resources Code,
1525	1527		is amended to read as follows:
1526	1528		(a) This section applies only to a county bordering on the
1527	1529		Gulf of America [Gulf of Mexico] or its tidewater limits that
1528	1530		contains a launch site the construction and operation of which have
1529	1531		been approved in a record of decision issued by the Federal Aviation
1530	1532		Administration following the preparation of an environmental
1531	1533		impact statement by that administration.
1532	1534		SECTION 11.43. Section 61.161, Natural Resources Code, is
1533	1535		amended to read as follows:
1534	1536		Sec. 61.161. PUBLIC POLICY. It is the public policy of this
1535	1537		state that the state-owned beaches bordering on the seaward shore
1536	1538		of the Gulf of America [Gulf of Mexico], and any larger area
1537	1539		extending from the line of mean low tide to the line of vegetation
1538	1540		bordering on the Gulf of America [Gulf of Mexico], if the public has
1539	1541		acquired a right of use or easement to or over the area by the
1540	1542		prescription or dedication or has retained a right by virtue of
1541	1543		continuous right in the public, shall be used primarily for
1542	1544		recreational purposes, and any use which substantially interferes
1543	1545		with the enjoyment of the beach area by the public shall constitute
1544	1546		an offense against the public policy of the state. Nothing in this
1545	1547		subchapter prevents any agency, department, political subdivision,
1546	1548		or municipal corporation of this state from exercising its lawful
1547	1549		authority under any law of this state to regulate safety conditions
1548	1550		on any beach area subject to public use.
1549	1551		SECTION 11.44. Section 61.162(a), Natural Resources Code,
1550	1552		is amended to read as follows:
1551	1553		(a) The legislature finds that the operation and
1552	1554		maintenance of business establishments at fixed or permanent
1553	1555		locations on the public beaches of this state bordering on the
1554	1556		seaward shore of the Gulf of America [Gulf of Mexico] constitute a
1555	1557		potential public health hazard and a substantial interference with
1556	1558		the free and unrestricted rights of ingress and egress of the
1557	1559		public, both individually and collectively, to and from the
1558	1560		state-owned beaches bordering on the seaward shore of the Gulf of
1559	1561		America [Gulf of Mexico] or any larger area extending from the line
1560	1562		of mean low tide to the line of vegetation bordering on the Gulf of
1561	1563		America [Gulf of Mexico] if the public has acquired a right of use
1562	1564		or easement to or over the area by prescription, dedication, or has
1563	1565		retained a right by virtue of continuous right in the public.
1564	1566		SECTION 11.45. Section 61.211, Natural Resources Code, is
1565	1567		amended to read as follows:
1566	1568		Sec. 61.211. FINDINGS. The legislature finds that the
1567	1569		unregulated excavation, taking, removal, and carrying away of sand,
1568	1570		marl, gravel, and shell from islands and peninsulas bordering on
1569	1571		the Gulf of America [Gulf of Mexico] and from the public beaches of
1570	1572		the state constitute a substantial interference with public
1571	1573		enjoyment of Texas beaches and a hazard to life and property.
1572	1574		SECTION 11.46. Section 61.213, Natural Resources Code, is
1573	1575		amended to read as follows:
1574	1576		Sec. 61.213. APPLICATION. Before a person excavates,
1575	1577		takes, removes, or carries away sand, marl, gravel, or shell from
1576	1578		land located on an exposed island or peninsula bordering on the Gulf
1577	1579		of America [Gulf of Mexico] or from land located within 1,500 feet
1578	1580		of a mainland public beach that is located outside the boundaries of
1579	1581		an incorporated city, town, or village, he must submit a written
1580	1582		application to the commissioners court of the county in which the
1581	1583		excavation, taking, removal, or carrying away is to take place.
1582	1584		SECTION 11.47. Section 61.223, Natural Resources Code, is
1583	1585		amended to read as follows:
1584	1586		Sec. 61.223. SUITS FOR ORDERS AND INJUNCTIONS. The
1585	1587		attorney general, any county attorney, district attorney, or
1586	1588		criminal district attorney of the state shall file in a district
1587	1589		court in the county in which the conduct takes place, a suit seeking
1588	1590		temporary or permanent court orders or injunctions to prohibit any
1589	1591		excavating, taking, removing, or carrying away of any sand, marl,
1590	1592		gravel, or shell from land located on an exposed island or peninsula
1591	1593		bordering on the Gulf of America [Gulf of Mexico] or from land
1592	1594		located within 1,500 feet of a public beach of this state if the
1593	1595		land is located outside the boundaries of an incorporated city,
1594	1596		town, or village in violation of the provisions of this subchapter.
1595	1597		SECTION 11.48. Section 61.224, Natural Resources Code, is
1596	1598		amended to read as follows:
1597	1599		Sec. 61.224. PENALTY. A person who for himself or on behalf
1598	1600		of or under the direction of another person excavates, takes,
1599	1601		removes, or carries away sand, marl, gravel, or shell from land
1600	1602		located on an exposed island or peninsula bordering on the Gulf of
1601	1603		America [Gulf of Mexico] or from land located within 1,500 feet of a
1602	1604		public beach of this state, if the land is located outside the
1603	1605		boundaries of any incorporated city, town, or village, in violation
1604	1606		of the provisions of this subchapter shall be fined not less than
1605	1607		$10 nor more than $200. Each day a violation occurs constitutes a
1606	1608		separate offense.
1607	1609		SECTION 11.49. Section 61.252(a), Natural Resources Code,
1608	1610		is amended to read as follows:
1609	1611		(a) To protect the public health, safety, and welfare, the
1610	1612		commissioners court of a county bordering on the Gulf of America
1611	1613		[Gulf of Mexico] or its tidewater limits, by order, may regulate
1612	1614		mass gatherings of individuals on any beach in the unincorporated
1613	1615		area of the county by requiring a person to obtain a permit and pay a
1614	1616		permit fee set by the commissioners court before the person may hold
1615	1617		a mass gathering.
1616	1618		SECTION 11.50. Sections 62.001(a) and (e), Natural
1617	1619		Resources Code, are amended to read as follows:
1618	1620		(a) The provisions of this chapter apply to counties that
1619	1621		are located or border on the Gulf of America [Gulf of Mexico] and
1620	1622		have within their boundaries beaches that are suitable for park
1621	1623		purposes. The suitability of a beach for park purposes is
1622	1624		established conclusively when the commissioners court of the county
1623	1625		makes a finding that the beach located within its boundaries, but
1624	1626		not located within the boundaries of an incorporated city, is
1625	1627		suitable for park purposes.
1626	1628		(e) The provisions of this chapter do not permit any
1627	1629		interference with the right the public has under the provisions of
1628	1630		Subchapter B, Chapter 61, to the free and unrestricted use of, and
1629	1631		to ingress and egress to, the area bordering on the Gulf of America
1630	1632		[Gulf of Mexico] from mean low tide to the line of vegetation, as
1631	1633		that term is defined in Section 61.001. A county, county official,
1632	1634		or anyone acting under the authority of this chapter may not
1633	1635		exercise any authority, contract out a right to exercise authority,
1634	1636		or otherwise delegate authority beyond that specifically granted to
1635	1637		it in Sections 61.122 through 61.128 over that area notwithstanding
1636	1638		any of the specific provisions of this chapter. The rights
1637	1639		established in Subchapters B and D, Chapter 61, are paramount over
1638	1640		the rights or interests that might otherwise be created by the
1639	1641		provisions of this chapter, and nothing in this chapter encroaches
1640	1642		on those rights or upon land, or interests in land, that may
1641	1643		ultimately be held subject to those rights.
1642	1644		SECTION 11.51. Section 62.011, Natural Resources Code, is
1643	1645		amended to read as follows:
1644	1646		Sec. 62.011. PURPOSE AND AUTHORITY. A county located or
1645	1647		bordering on the Gulf of America [Gulf of Mexico] with a beach
1646	1648		suitable for park purposes may create a board in the manner provided
1647	1649		in this subchapter for the purpose of improving, equipping,
1648	1650		maintaining, financing, and operating a public park or parks, or
1649	1651		any facilities owned by the county, or to be acquired by the county,
1650	1652		or to be managed by the county under the terms of a written
1651	1653		contract. The board, to be designated Beach Park Board of Trustees,
1652	1654		has the powers and duties specified in this chapter.
1653	1655		SECTION 11.52. Section 62.091(a), Natural Resources Code,
1654	1656		is amended to read as follows:
1655	1657		(a) The following land is under the jurisdiction of the
1656	1658		board:
1657	1659		(1) public beaches owned in fee by the county; and
1658	1660		(2) land used as parks in connection with public
1659	1661		beaches not located inside the boundaries of an incorporated city
1660	1662		and not inside the area bordering on the Gulf of America [Gulf of
1661	1663		Mexico] from the line of mean low tide to the line of vegetation as
1662	1664		that term is defined in Section 61.001.
1663	1665		SECTION 11.53. Section 63.001, Natural Resources Code, is
1664	1666		amended to read as follows:
1665	1667		Sec. 63.001. FINDINGS OF FACT. The legislature finds and
1666	1668		declares:
1667	1669		(1) that the mainland gulf shoreline, barrier islands,
1668	1670		and peninsulas of this state contain a significant portion of the
1669	1671		state's human, natural, and recreational resources;
1670	1672		(2) that these areas are and historically have been
1671	1673		wholly or in part protected from the action of the water of the Gulf
1672	1674		of America [Gulf of Mexico] and storms on the Gulf by a system of
1673	1675		vegetated and unvegetated sand dunes that provide a protective
1674	1676		barrier for adjacent land and inland water and land against the
1675	1677		action of sand, wind, and water;
1676	1678		(3) that certain persons have from time to time
1677	1679		modified or destroyed the effectiveness of the protective barriers
1678	1680		and caused environmental damage in the process of developing the
1679	1681		shoreline for various purposes;
1680	1682		(4) that the operation of recreational vehicles and
1681	1683		other activities over these dunes have destroyed the natural
1682	1684		vegetation on them;
1683	1685		(5) that these practices constitute serious threats to
1684	1686		the safety of adjacent properties, to public highways, to the
1685	1687		taxable basis of adjacent property and constitute a real danger to
1686	1688		natural resources and to the health, safety, and welfare of persons
1687	1689		living, visiting, or sojourning in the area;
1688	1690		(6) that it is necessary to protect these dunes as
1689	1691		provided in this chapter because stabilized, vegetated dunes offer
1690	1692		the best natural defense against storms and are areas of
1691	1693		significant biological diversity;
1692	1694		(7) that vegetated stabilized dunes help preserve
1693	1695		state-owned beaches and shores by protecting against erosion of the
1694	1696		shoreline; and
1695	1697		(8) that different areas of the coast are
1696	1698		characterized by dunes of various types and values, all of which
1697	1699		should be afforded protection.
1698	1700		SECTION 11.54. Sections 63.002(2), (3), and (5), Natural
1699	1701		Resources Code, are amended to read as follows:
1700	1702		(2) "Barrier island" means an island bordering on the
1701	1703		Gulf of America [Gulf of Mexico] and entirely surrounded by water.
1702	1704		(3) "Peninsula" means an arm of land bordering on the
1703	1705		Gulf of America [Gulf of Mexico] surrounded on three sides by water.
1704	1706		(5) "Mainland shoreline" means all shoreline fronting
1705	1707		on the open Gulf of America [Gulf of Mexico] that is not located on a
1706	1708		barrier island or a peninsula.
1707	1709		SECTION 11.55. Section 63.011(a), Natural Resources Code,
1708	1710		is amended to read as follows:
1709	1711		(a) After notice and hearing, the commissioners court of
1710	1712		each county that has within its boundaries mainland shoreline, a
1711	1713		barrier island, or a peninsula located on the seaward shore of the
1712	1714		Gulf of America [Gulf of Mexico] shall establish a dune protection
1713	1715		line on any such shoreline, island, or peninsula within its
1714	1716		boundaries for the purpose of preserving sand dunes.
1715	1717		SECTION 11.56. Section 63.012, Natural Resources Code, is
1716	1718		amended to read as follows:
1717	1719		Sec. 63.012. LOCATION OF DUNE PROTECTION LINE. The dune
1718	1720		protection line shall not be located further landward than a line
1719	1721		drawn parallel to and 1,000 feet landward of the line of mean high
1720	1722		tide of the Gulf of America [Gulf of Mexico].
1721	1723		SECTION 11.57. Section 92.002(4), Natural Resources Code,
1722	1724		is amended to read as follows:
1723	1725		(4) "Barrier island" means an island bordering on the
1724	1726		Gulf of America [Gulf of Mexico] and entirely surrounded by water.
1725	1727		ARTICLE 12. OCCUPATIONS CODE PROVISIONS
1726	1728		SECTION 12.01. Section 2025.152, Occupations Code, is
1727	1729		amended to read as follows:
1728	1730		Sec. 2025.152. LOCATION RESTRICTION FOR GREYHOUND
1729	1731		RACETRACK. Each greyhound racetrack must be located in a county
1730	1732		that:
1731	1733		(1) has a population of more than 190,000;
1732	1734		(2) borders the Gulf of America [Gulf of Mexico]; and
1733	1735		(3) includes all or part of an island that borders the
1734	1736		Gulf of America [Gulf of Mexico].
1735	1737		ARTICLE 13. PROPERTY CODE PROVISIONS
1736	1738		SECTION 13.01. Section 5.008(b), Property Code, is amended
1737	1739		to read as follows:
1738	1740		(b) The notice must be executed and must, at a minimum, read
1739	1741		substantially similar to the following:
1740	1742		SELLER'S DISCLOSURE NOTICE
1741	1743		CONCERNING THE PROPERTY AT ___________________________________
1742	1744		(Street Address and City)
1743	1745		THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
1744	1746		THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
1745	1747		SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
1746	1748		WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
1747	1749		A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
1748	1750		Seller __ is __ is not occupying the Property.
1749	1751		If unoccupied, how long since Seller has occupied the Property?
1750	1752		________________________________________________________________
1751	1753		1. The Property has the items checked below:
1752	1754		Write Yes (Y), No (N), or Unknown (U).
1753	1755		__ Range __ Oven __ Microwave __ Range __ Oven __ Microwave
1754	1756		__ Range __ Oven __ Microwave
1755	1757		__ Dishwasher __ Trash Compactor __ Disposal __ Dishwasher __ Trash Compactor __ Disposal
1756	1758		__ Dishwasher __ Trash Compactor __ Disposal
1757	1759		__ Washer/Dryer __ Window __ Rain Gutters __ Washer/Dryer __ Window __ Rain Gutters
1758	1760		__ Washer/Dryer __ Window __ Rain Gutters
1759	1761		Hookups Screens Hookups Screens
1760	1762		Hookups Screens
1761	1763		__ Security __ Fire Detection __ Intercom __ Security __ Fire Detection __ Intercom
1762	1764		__ Security __ Fire Detection __ Intercom
1763	1765		System Equipment System System Equipment System
1764	1766		System Equipment System
1765	1767		__ Smoke Detector __ Smoke Detector
1766	1768		__ Smoke Detector
1767	1769		__ Smoke Detector - __ Smoke Detector -
1768	1770		__ Smoke Detector -
1769	1771		Hearing Impaired Hearing Impaired
1770	1772		Hearing Impaired
1771	1773		__ Carbon Monoxide __ Carbon Monoxide
1772	1774		__ Carbon Monoxide
1773	1775		Alarm Alarm
1774	1776		Alarm
1775	1777		__ Emergency Escape __ Emergency Escape
1776	1778		__ Emergency Escape
1777	1779		Ladder(s) Ladder(s)
1778	1780		Ladder(s)
1779	1781		__ TV Antenna __ Cable TV __ Satellite __ TV Antenna __ Cable TV __ Satellite
1780	1782		__ TV Antenna __ Cable TV __ Satellite
1781	1783		Wiring Dish Wiring Dish
1782	1784		Wiring Dish
1783	1785		__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
1784	1786		__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
1785	1787		Fan(s) Fan(s)
1786	1788		Fan(s)
1787	1789		__ Central A/C __ Central Heating __ Wall/Window __ Central A/C __ Central Heating __ Wall/Window
1788	1790		__ Central A/C __ Central Heating __ Wall/Window
1789	1791		Air Air
1790	1792		Air
1791	1793		Conditioning Conditioning
1792	1794		Conditioning
1793	1795		__ Plumbing System __ Septic System __ Public Sewer __ Plumbing System __ Septic System __ Public Sewer
1794	1796		__ Plumbing System __ Septic System __ Public Sewer
1795	1797		System System
1796	1798		System
1797	1799		__ Patio/Decking __ Outdoor Grill __ Fences __ Patio/Decking __ Outdoor Grill __ Fences
1798	1800		__ Patio/Decking __ Outdoor Grill __ Fences
1799	1801		__ Pool __ Sauna __ Spa __ Pool __ Sauna __ Spa
1800	1802		__ Pool __ Sauna __ Spa
1801	1803		__ Hot Tub __ Hot Tub
1802	1804		__ Hot Tub
1803	1805		__ Pool Equipment __ Pool Heater __ Automatic Lawn __ Pool Equipment __ Pool Heater __ Automatic Lawn
1804	1806		__ Pool Equipment __ Pool Heater __ Automatic Lawn
1805	1807		Sprinkler Sprinkler
1806	1808		Sprinkler
1807	1809		System System
1808	1810		System
1809	1811		__ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) &
1810	1812		__ Fireplace(s) & __ Fireplace(s) &
1811	1813		Chimney Chimney Chimney Chimney
1812	1814		Chimney Chimney
1813	1815		(Woodburning) (Mock) (Woodburning) (Mock)
1814	1816		(Woodburning) (Mock)
1815	1817		__ Natural Gas Lines __ Gas Fixtures __ Natural Gas Lines __ Gas Fixtures
1816	1818		__ Natural Gas Lines __ Gas Fixtures
1817	1819		__ Liquid Propane Gas: __ LP Community __ LP on Property __ Liquid Propane Gas: __ LP Community __ LP on Property
1818	1820		__ Liquid Propane Gas: __ LP Community __ LP on Property
1819	1821		(Captive) (Captive)
1820	1822		(Captive)
1821	1823		__ Fuel Gas Piping: __ Black Iron Pipe __ Corrugated __ Fuel Gas Piping: __ Black Iron Pipe __ Corrugated
1822	1824		__ Fuel Gas Piping: __ Black Iron Pipe __ Corrugated
1823	1825		__ Copper __ Stainless Steel __ Copper __ Stainless Steel
1824	1826		__ Copper __ Stainless Steel
1825	1827		__ Tubing __ Tubing
1826	1828		__ Tubing
1827	1829		Garage: __ Attached __ Not Attached __ Carport Garage: __ Attached __ Not Attached __ Carport
1828	1830		Garage: __ Attached __ Not Attached __ Carport
1829	1831		Garage Door Opener(s): __ Electronic __ Control(s) Garage Door Opener(s): __ Electronic __ Control(s)
1830	1832		Garage Door Opener(s): __ Electronic __ Control(s)
1831	1833		Water Heater: __ Gas __ Electric Water Heater: __ Gas __ Electric
1832	1834		Water Heater: __ Gas __ Electric
1833	1835		Water Supply: __ City __ Well __ MUD __ Co-op Water Supply: __ City __ Well __ MUD __ Co-op
1834	1836		Water Supply: __ City __ Well __ MUD __ Co-op
1835	1837		Roof Type: ________________________________ Age: _____(approx)
1836	1838		Are you (Seller) aware of any of the above items that are not in
1837	1839		working condition, that have known defects, or that are in need of
1838	1840		repair? __ Yes __ No __ Unknown.
1839	1841		If yes, then describe. (Attach additional sheets if necessary):
1840	1842		________________________________________________________________
1841	1843		________________________________________________________________
1842	1844		2. Does the property have working smoke detectors installed in
1843	1845		accordance with the smoke detector requirements of Chapter 766,
1844	1846		Health and Safety Code?* __ Yes __ No __ Unknown.
1845	1847		If the answer to the question above is no or unknown,
1846	1848		explain. (Attach additional sheets if necessary):
1847	1849		*Chapter 766 of the Health and Safety Code requires
1848	1850		one-family or two-family dwellings to have working smoke detectors
1849	1851		installed in accordance with the requirements of the building code
1850	1852		in effect in the area in which the dwelling is located, including
1851	1853		performance, location, and power source requirements. If you do
1852	1854		not know the building code requirements in effect in your area, you
1853	1855		may check unknown above or contact your local building official for
1854	1856		more information. A buyer may require a seller to install smoke
1855	1857		detectors for the hearing impaired if: (1) the buyer or a member of
1856	1858		the buyer's family who will reside in the dwelling is hearing
1857	1859		impaired; (2) the buyer gives the seller written evidence of the
1858	1860		hearing impairment from a licensed physician; and (3) within 10
1859	1861		days after the effective date, the buyer makes a written request for
1860	1862		the seller to install smoke detectors for the hearing impaired and
1861	1863		specifies the locations for installation. The parties may agree
1862	1864		who will bear the cost of installing the smoke detectors and which
1863	1865		brand of smoke detectors to install.
1864	1866		3. Are you (Seller) aware of any known defects/malfunctions in any
1865	1867		of the following?
1866	1868		Write Yes (Y) if you are aware, write No (N) if you are not aware.
1867	1869		__ Interior Walls __ Ceilings __ Floors __ Interior Walls __ Ceilings __ Floors
1868	1870		__ Interior Walls __ Ceilings __ Floors
1869	1871		__ Exterior Walls __ Doors __ Windows __ Exterior Walls __ Doors __ Windows
1870	1872		__ Exterior Walls __ Doors __ Windows
1871	1873		__ Roof __ Foundation/ __ Basement __ Roof __ Foundation/ __ Basement
1872	1874		__ Roof __ Foundation/ __ Basement
1873	1875		Slab(s) Slab(s)
1874	1876		Slab(s)
1875	1877		__ Walls/Fences __ Driveways __ Sidewalks __ Walls/Fences __ Driveways __ Sidewalks
1876	1878		__ Walls/Fences __ Driveways __ Sidewalks
1877	1879		__ Plumbing/Sewers/ __ Electrical __ Lighting __ Plumbing/Sewers/ __ Electrical __ Lighting
1878	1880		__ Plumbing/Sewers/ __ Electrical __ Lighting
1879	1881		Septics Systems Fixtures Septics Systems Fixtures
1880	1882		Septics Systems Fixtures
1881	1883		__ Other Structural Components (Describe):_______________________
1882	1884		________________________________________________________________
1883	1885		________________________________________________________________
1884	1886		If the answer to any of the above is yes, explain. (Attach
1885	1887		additional sheets if necessary):________________________________
1886	1888		________________________________________________________________
1887	1889		________________________________________________________________
1888	1890		4. Are you (Seller) aware of any of the following conditions?
1889	1891		Write Yes (Y) if you are aware, write No (N) if you are not aware.
1890	1892		__ Active Termites __ Previous Structural __ Active Termites __ Previous Structural
1891	1893		__ Active Termites __ Previous Structural
1892	1894		(includes or Roof Repair (includes or Roof Repair
1893	1895		(includes or Roof Repair
1894	1896		wood-destroying insects) wood-destroying insects)
1895	1897		wood-destroying insects)
1896	1898		__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
1897	1899		__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
1898	1900		Needing Repair Needing Repair
1899	1901		Needing Repair
1900	1902		__ Previous Termite Damage __ Asbestos Components __ Previous Termite Damage __ Asbestos Components
1901	1903		__ Previous Termite Damage __ Asbestos Components
1902	1904		__ Previous Termite __ Urea formaldehyde __ Previous Termite __ Urea formaldehyde
1903	1905		__ Previous Termite __ Urea formaldehyde
1904	1906		Treatment Insulation Treatment Insulation
1905	1907		Treatment Insulation
1906	1908		__ Radon Gas __ Radon Gas
1907	1909		__ Radon Gas
1908	1910		__ Improper Drainage __ Lead Based Paint __ Improper Drainage __ Lead Based Paint
1909	1911		__ Improper Drainage __ Lead Based Paint
1910	1912		__ Water Damage Not Due to a __ Aluminum Wiring __ Water Damage Not Due to a __ Aluminum Wiring
1911	1913		__ Water Damage Not Due to a __ Aluminum Wiring
1912	1914		__ Flood Event __ Flood Event
1913	1915		__ Flood Event
1914	1916		__ Previous Fires __ Previous Fires
1915	1917		__ Previous Fires
1916	1918		__ Unplatted Easements __ Unplatted Easements
1917	1919		__ Unplatted Easements
1918	1920		__ Landfill, Settling, Soil __ Subsurface __ Landfill, Settling, Soil __ Subsurface
1919	1921		__ Landfill, Settling, Soil __ Subsurface
1920	1922		Movement, Fault Lines Structure or Pits Movement, Fault Lines Structure or Pits
1921	1923		Movement, Fault Lines Structure or Pits
1922	1924		__ Single Blockable Main __ Previous Use of Premises __ Single Blockable Main __ Previous Use of Premises
1923	1925		__ Single Blockable Main __ Previous Use of Premises
1924	1926		Drain in Pool/Hot for Manufacture of Drain in Pool/Hot for Manufacture of
1925	1927		Drain in Pool/Hot for Manufacture of
1926	1928		Tub/Spa* Methamphetamine Tub/Spa* Methamphetamine
1927	1929		Tub/Spa* Methamphetamine
1928	1930		If the answer to any of the above is yes, explain. (Attach
1929	1931		additional sheets if necessary):________________________________
1930	1932		________________________________________________________________
1931	1933		________________________________________________________________
1932	1934		*A single blockable main drain may cause a suction entrapment
1933	1935		hazard for an individual.
1934	1936		5. Are you (Seller) aware of any item, equipment, or system in or
1935	1937		on the property that is in need of repair? __ Yes (if you are
1936	1938		aware) __ No (if you are not aware). If yes, explain (attach
1937	1939		additional sheets as necessary).
1938	1940		_________________________________
1939	1941		6. Are you (Seller) aware of any of the following conditions?*
1940	1942		Write Yes (Y) if you are aware, write No (N) if you are not aware.
1941	1943		__ Present flood insurance coverage
1942	1944		__ Previous flooding due to a failure or breach of a reservoir or a
1943	1945		controlled or emergency release of water from a reservoir
1944	1946		__ Previous water penetration into a structure on the property due
1945	1947		to a natural flood event
1946	1948		Write Yes (Y) if you are aware and check wholly or partly as
1947	1949		applicable, write No (N) if you are not aware.
1948	1950		__ Located ( ) wholly ( ) partly in a 100-year floodplain (Special
1949	1951		Flood Hazard Area-Zone A, V, A99, AE, AO, AH, VE, or AR)
1950	1952		__ Located ( ) wholly ( ) partly in a 500-year floodplain (Moderate
1951	1953		Flood Hazard Area-Zone X (shaded))
1952	1954		__ Located ( ) wholly ( ) partly in a floodway
1953	1955		__ Located ( ) wholly ( ) partly in a flood pool
1954	1956		__ Located ( ) wholly ( ) partly in a reservoir
1955	1957		If the answer to any of the above is yes, explain (attach additional
1956	1958		sheets as necessary):
1957	1959		* For purposes of this notice:
1958	1960		"100-year floodplain" means any area of land that:
1959	1961		(A) is identified on the flood insurance rate map as a
1960	1962		special flood hazard area, which is designated as Zone A, V, A99,
1961	1963		AE, AO, AH, VE, or AR on the map;
1962	1964		(B) has a one percent annual chance of flooding, which
1963	1965		is considered to be a high risk of flooding; and
1964	1966		(C) may include a regulatory floodway, flood pool, or
1965	1967		reservoir.
1966	1968		"500-year floodplain" means any area of land that:
1967	1969		(A) is identified on the flood insurance rate map as a
1968	1970		moderate flood hazard area, which is designated on the map as Zone X
1969	1971		(shaded); and
1970	1972		(B) has a two-tenths of one percent annual chance of
1971	1973		flooding, which is considered to be a moderate risk of flooding.
1972	1974		"Flood pool" means the area adjacent to a reservoir that lies
1973	1975		above the normal maximum operating level of the reservoir and that
1974	1976		is subject to controlled inundation under the management of the
1975	1977		United States Army Corps of Engineers.
1976	1978		"Flood insurance rate map" means the most recent flood hazard
1977	1979		map published by the Federal Emergency Management Agency under the
1978	1980		National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et
1979	1981		seq.).
1980	1982		"Floodway" means an area that is identified on the flood
1981	1983		insurance rate map as a regulatory floodway, which includes the
1982	1984		channel of a river or other watercourse and the adjacent land areas
1983	1985		that must be reserved for the discharge of a base flood, also
1984	1986		referred to as a 100-year flood, without cumulatively increasing
1985	1987		the water surface elevation more than a designated height.
1986	1988		"Reservoir" means a water impoundment project operated by the
1987	1989		United States Army Corps of Engineers that is intended to retain
1988	1990		water or delay the runoff of water in a designated surface area of
1989	1991		land.
1990	1992		7. Have you (Seller) ever filed a claim for flood damage to the
1991	1993		property with any insurance provider, including the National Flood
1992	1994		Insurance Program (NFIP)?* __ Yes __ No. If yes, explain (attach
1993	1995		additional sheets as necessary):
1994	1996		*Homes in high risk flood zones with mortgages from federally
1995	1997		regulated or insured lenders are required to have flood
1996	1998		insurance. Even when not required, the Federal Emergency
1997	1999		Management Agency (FEMA) encourages homeowners in high risk,
1998	2000		moderate risk, and low risk flood zones to purchase flood insurance
1999	2001		that covers the structure(s) and the personal property within the
2000	2002		structure(s).
2001	2003		8. Have you (Seller) ever received assistance from FEMA or the
2002	2004		U.S. Small Business Administration (SBA) for flood damage to the
2003	2005		property? __ Yes __ No. If yes, explain (attach additional sheets
2004	2006		as necessary):
2005	2007		9. Are you (Seller) aware of any of the following?
2006	2008		Write Yes (Y) if you are aware, write No (N) if you are not aware.
2007	2009		__ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time. __ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
2008	2010		__ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
2009	2011		__ Homeowners' Association or maintenance fees or assessments. __ Homeowners' Association or maintenance fees or assessments.
2010	2012		__ Homeowners' Association or maintenance fees or assessments.
2011	2013		__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others. __ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
2012	2014		__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
2013	2015		__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property. __ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
2014	2016		__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
2015	2017		__ Any lawsuits directly or indirectly affecting the Property. __ Any lawsuits directly or indirectly affecting the Property.
2016	2018		__ Any lawsuits directly or indirectly affecting the Property.
2017	2019		__ Any condition on the Property which materially affects the physical health or safety of an individual. __ Any condition on the Property which materially affects the physical health or safety of an individual.
2018	2020		__ Any condition on the Property which materially affects the physical health or safety of an individual.
2019	2021		__ Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source. __ Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source.
2020	2022		__ Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source.
2021	2023		__ Any portion of the property that is located in a groundwater conservation district or a subsidence district. __ Any portion of the property that is located in a groundwater conservation district or a subsidence district.
2022	2024		__ Any portion of the property that is located in a groundwater conservation district or a subsidence district.
2023	2025		If the answer to any of the above is yes, explain. (Attach
2024	2026		additional sheets if necessary): ______________________________
2025	2027		________________________________________________________________
2026	2028		________________________________________________________________
2027	2029		10. If the property is located in a coastal area that is seaward of
2028	2030		the Gulf Intracoastal Waterway or within 1,000 feet of the mean high
2029	2031		tide bordering the Gulf of America [Gulf of Mexico], the property
2030	2032		may be subject to the Open Beaches Act or the Dune Protection Act
2031	2033		(Chapter 61 or 63, Natural Resources Code, respectively) and a
2032	2034		beachfront construction certificate or dune protection permit may
2033	2035		be required for repairs or improvements. Contact the local
2034	2036		government with ordinance authority over construction adjacent to
2035	2037		public beaches for more information.
2036	2038		11. This property may be located near a military installation and
2037	2039		may be affected by high noise or air installation compatible use
2038	2040		zones or other operations. Information relating to high noise and
2039	2041		compatible use zones is available in the most recent Air
2040	2042		Installation Compatible Use Zone Study or Joint Land Use Study
2041	2043		prepared for a military installation and may be accessed on the
2042	2044		Internet website of the military installation and of the county and
2043	2045		any municipality in which the military installation is located.
2044	2046		_______________ ________________________________________
2045	2047		Date Signature of Seller
2046	2048		The undersigned purchaser hereby acknowledges receipt of the
2047	2049		foregoing notice.
2048	2050		_______________ ________________________________________
2049	2051		Date Signature of Purchaser
2050	2052		SECTION 13.02. Section 204.002(a), Property Code, is
2051	2053		amended to read as follows:
2052	2054		(a) This chapter applies only to a residential real estate
2053	2055		subdivision, excluding a condominium development governed by Title
2054	2056		7 that is located in whole or in part:
2055	2057		(1) in a county with a population of 3.3 million or
2056	2058		more;
2057	2059		(2) in a county with a population of not less than
2058	2060		315,000 and not more than 351,000 that is adjacent to the Gulf of
2059	2061		America [Gulf of Mexico] and that is adjacent to a county having a
2060	2062		population of 3.3 million or more; or
2061	2063		(3) in a county with a population of 275,000 or more
2062	2064		that:
2063	2065		(A) is adjacent to a county with a population of
2064	2066		3.3 million or more; and
2065	2067		(B) contains part of a national forest.
2066	2068		ARTICLE 14. PARKS AND WILDLIFE CODE PROVISIONS
2067	2069		SECTION 14.01. Section 1.011(c), Parks and Wildlife Code,
2068	2070		is amended to read as follows:
2069	2071		(c) All the beds and bottoms and the products of the beds and
2070	2072		bottoms of the public rivers, bayous, lagoons, creeks, lakes, bays,
2071	2073		and inlets in this state and of that part of the Gulf of America
2072	2074		[Gulf of Mexico] within the jurisdiction of this state are the
2073	2075		property of this state. The state may permit the use of the waters
2074	2076		and bottoms and the taking of the products of the bottoms and
2075	2077		waters.
2076	2078		SECTION 14.02. Section 13.023(a), Parks and Wildlife Code,
2077	2079		is amended to read as follows:
2078	2080		(a) The department shall:
2079	2081		(1) during reasonable daylight hours, as established
2080	2082		and posted by the department, from Memorial Day to Labor Day,
2081	2083		provide:
2082	2084		(A) occupied lifeguard towers or mobile
2083	2085		lifeguard units on each side of each pier, jetty, or other structure
2084	2086		that protrudes into the Gulf of America [Gulf of Mexico] that is
2085	2087		located within a state park; or
2086	2088		(B) a single occupied lifeguard tower or mobile
2087	2089		lifeguard unit at each pier, jetty, or other structure that
2088	2090		protrudes into the Gulf of America [Gulf of Mexico] that is located
2089	2091		within a state park if the single tower provides an unobstructed
2090	2092		view of both sides of each structure; and
2091	2093		(2) post within 100 yards of each side of each
2092	2094		structure described by Subdivision (1) signs clearly describing the
2093	2095		dangerous water conditions that may occur near the structure.
2094	2096		SECTION 14.03. Section 13.314, Parks and Wildlife Code, is
2095	2097		amended to read as follows:
2096	2098		Sec. 13.314. COMPLIANCE IN FISHERY MANAGEMENT. The
2097	2099		department may cooperate and contract with the Gulf of America
2098	2100		[Gulf of Mexico] Fishery Management Council or the National Marine
2099	2101		Fisheries Service for conduct of such work as may be necessary in
2100	2102		complying with requirements of the Fishery Conservation and
2101	2103		Management Act of 1976 (16 U.S.C.A. Section 1801 et seq.).
2102	2104		SECTION 14.04. Section 21.111(c), Parks and Wildlife Code,
2103	2105		is amended to read as follows:
2104	2106		(c) If any state park site includes a public beach on the
2105	2107		seaward shore of the Gulf of America [Gulf of Mexico], extending
2106	2108		from the line of mean low tide to the line of vegetation, over which
2107	2109		the public has acquired a right of use or easement to or over the
2108	2110		area by prescription or dedication or has retained a right by virtue
2109	2111		of continuous right in the public, no entrance or gate fee may be
2110	2112		charged to persons desiring to enter or to leave the public beach
2111	2113		area, so long as the persons do not enter any other portion of the
2112	2114		park for which an entrance or gate fee is charged.
2113	2115		SECTION 14.05. Section 43.402(a), Parks and Wildlife Code,
2114	2116		is amended to read as follows:
2115	2117		(a) Except as provided by Subsection (b) or (c) of this
2116	2118		section, no person may engage in fishing in saltwater for sporting
2117	2119		purposes in this state, or unload in this state fish or other
2118	2120		aquatic life taken for sporting purposes from waters managed by the
2119	2121		Gulf of America [Gulf of Mexico] Fishery Management Council
2120	2122		established under the Fishery Conservation and Management Act of
2121	2123		1976 (16 U.S.C. Section 1801 et seq.), unless the person has
2122	2124		acquired a saltwater sportfishing stamp endorsement issued to the
2123	2125		person by the department. The commission by rule may prescribe
2124	2126		requirements relating to possessing a stamp endorsement required by
2125	2127		this subchapter.
2126	2128		SECTION 14.06. Section 46.001(a), Parks and Wildlife Code,
2127	2129		is amended to read as follows:
2128	2130		(a) No person may fish in the public water of this state, or
2129	2131		unload in this state fish or other aquatic life taken for sporting
2130	2132		purposes from waters managed by the Gulf of America [Gulf of Mexico]
2131	2133		Fishery Management Council established under the Magnuson-Stevens
2132	2134		Fishery Conservation and Management Act (16 U.S.C. Section 1801 et
2133	2135		seq.), unless the person has acquired a fishing license issued
2134	2136		under this subchapter, except as provided by Sections 46.0012 and
2135	2137		46.002. The commission by rule may prescribe requirements relating
2136	2138		to possessing a license required by this subchapter.
2137	2139		SECTION 14.07. Section 47.001(7), Parks and Wildlife Code,
2138	2140		is amended to read as follows:
2139	2141		(7) "Tidal water" means all the salt water of this
2140	2142		state, including that portion of the state's territorial water in
2141	2143		the Gulf of America [Gulf of Mexico] within three marine leagues
2142	2144		from shore.
2143	2145		SECTION 14.08. Sections 47.038(a) and (a-1), Parks and
2144	2146		Wildlife Code, are amended to read as follows:
2145	2147		(a) Except as provided by Subsection (a-1), nets or purse
2146	2148		seines used for catching menhaden may not be:
2147	2149		(1) less than one and one-half inch stretched mesh,
2148	2150		excluding the bag;
2149	2151		(2) used in any bay, river, pass, or tributary, nor
2150	2152		within one mile of any barrier, jetty, island, or pass, nor within
2151	2153		one-half mile offshore in the Gulf of America [Gulf of Mexico]; or
2152	2154		(3) used for the purpose of taking edible aquatic
2153	2155		products for the purpose of barter, sale, or exchange.
2154	2156		(a-1) The holder of a Class C menhaden boat license issued
2155	2157		under Section 47.008 may use a cast net, as defined by the
2156	2158		commission, to catch menhaden in any coastal bay, river, or
2157	2159		tributary landward from the shoreline of the state along the coast
2158	2160		of the Gulf of America [Gulf of Mexico].
2159	2161		SECTION 14.09. Sections 62.0061(a) and (b), Parks and
2160	2162		Wildlife Code, are amended to read as follows:
2161	2163		(a) Except as provided by Subsection (b), a person may not
2162	2164		hunt or take any wild animal or wild bird when the person is on or
2163	2165		over privately owned land that is:
2164	2166		(1) submerged under:
2165	2167		(A) public fresh water due to seasonal or
2166	2168		occasional innundation; or
2167	2169		(B) public salt water and located above the mean
2168	2170		high tide line of the Gulf of America [Gulf of Mexico] and its bays
2169	2171		and estuaries; and
2170	2172		(2) conspicuously marked as privately owned by a sign
2171	2173		or signs that are substantially similar to the following:
2172	2174		POSTED. PRIVATE PROPERTY. NO HUNTING.
2173	2175		(b) This section does not apply to:
2174	2176		(1) fishing or to fish and other aquatic life;
2175	2177		(2) a person who:
2176	2178		(A) owns the submerged land; or
2177	2179		(B) obtains the landowner's consent;
2178	2180		(3) land that is dedicated to the permanent school
2179	2181		fund and that is located within:
2180	2182		(A) the tidewater limits of this state; or
2181	2183		(B) the gradient boundaries of a navigable river
2182	2184		or stream in this state; or
2183	2185		(4) land that is:
2184	2186		(A) submerged by public water; and
2185	2187		(B) located below the mean high tide line of the
2186	2188		Gulf of America [Gulf of Mexico] and its bays and estuaries.
2187	2189		SECTION 14.10. Section 66.015(a), Parks and Wildlife Code,
2188	2190		is amended to read as follows:
2189	2191		(a) In this section, "public water" means the bays,
2190	2192		estuaries, and water of the Gulf of America [Gulf of Mexico] within
2191	2193		the jurisdiction of the state, and the rivers, streams, creeks,
2192	2194		bayous, reservoirs, lakes, and portions of those waters where
2193	2195		public access is available without discrimination.
2194	2196		SECTION 14.11. Sections 66.204(a) and (b), Parks and
2195	2197		Wildlife Code, are amended to read as follows:
2196	2198		(a) The commission by proclamation may regulate the
2197	2199		placement of obstructions, traps, and mooring in fish passes and
2198	2200		the marking of restricted areas in any natural or artificial pass
2199	2201		that is opened, reopened, dredged, excavated, constructed, or
2200	2202		maintained by the department as a fish pass between the Gulf of
2201	2203		America [Gulf of Mexico] and an inland bay.
2202	2204		(b) No person may operate, possess, or moor a vessel or
2203	2205		other floating device, or may place any piling, wire, rope, cable,
2204	2206		net, trap, or other obstruction, in a natural or artificial pass
2205	2207		opened, reopened, dredged, excavated, constructed, or maintained
2206	2208		by the department as a fish pass between the Gulf of America [Gulf
2207	2209		of Mexico] and an inland bay within the distance inside the pass
2208	2210		from the mouth of the pass where it empties into the Gulf of America
2209	2211		[Gulf of Mexico] to a marker or sign erected by the department
2210	2212		indicating the restricted area.
2211	2213		SECTION 14.12. Section 66.301, Parks and Wildlife Code, is
2212	2214		amended to read as follows:
2213	2215		Sec. 66.301. DEFINITION. In this subchapter, "coastal
2214	2216		water" means all of the salt water of this state, including that
2215	2217		portion of the Gulf of America [Gulf of Mexico] within the
2216	2218		jurisdiction of this state.
2217	2219		SECTION 14.13. Sections 77.001(1), (2), (3) and (13), Parks
2218	2220		and Wildlife Code, are amended to read as follows:
2219	2221		(1) "Coastal water" means all the salt water of this
2220	2222		state, including that portion of the Gulf of America [Gulf of
2221	2223		Mexico] within the jurisdiction of the state.
2222	2224		(2) "Inside water" means all bays, inlets, outlets,
2223	2225		passes, rivers, streams, and other bodies of water landward from
2224	2226		the shoreline of the state along the Gulf of America [Gulf of
2225	2227		Mexico] and contiguous to, or connected with, but not a part of, the
2226	2228		Gulf of America [Gulf of Mexico] and within which the tide regularly
2227	2229		rises and falls and in which saltwater shrimp are found or into
2228	2230		which saltwater shrimp migrate.
2229	2231		(3) "Outside water" means the salt water of the state
2230	2232		contiguous to and seaward from the shoreline of the state along the
2231	2233		Gulf of America [Gulf of Mexico] as the shoreline is projected and
2232	2234		extended in a continuous and unbroken line, following the contours
2233	2235		of the shoreline, across bays, inlets, outlets, passes, rivers,
2234	2236		streams, and other bodies of water; and that portion of the Gulf of
2235	2237		America [Gulf of Mexico] extending from the shoreline seaward and
2236	2238		within the jurisdiction of the state.
2237	2239		(13) "Contiguous zone," means that area of the Gulf of
2238	2240		America [Gulf of Mexico] lying adjacent to and offshore of the
2239	2241		jurisdiction of the State of Texas and in which shrimp of the genus
2240	2242		Penaeus are found.
2241	2243		SECTION 14.14. Section 77.072, Parks and Wildlife Code, is
2242	2244		amended to read as follows:
2243	2245		Sec. 77.072. SHRIMP SIZE EXCEPTION. Minimum size
2244	2246		restrictions as provided in Chapter 77, Parks and Wildlife Code, as
2245	2247		amended, do not apply to shrimp taken from outside waters when:
2246	2248		(1) the Gulf of America [Gulf of Mexico] Fishery
2247	2249		Management Council's Fishery Management Plan for the Shrimp Fishery
2248	2250		of the Gulf of America [Gulf of Mexico] is in effect; and
2249	2251		(2) such plan as described in Subsection (a) of this
2250	2252		section restricts the taking of shrimp in the Fishery Conservation
2251	2253		Zone contiguous to the outside waters of Texas, to conform with the
2252	2254		Texas closed Gulf season as defined in Sections 77.061(1) and
2253	2255		77.062 of this code.
2254	2256		SECTION 14.15. Section 79.001, Parks and Wildlife Code, is
2255	2257		amended to read as follows:
2256	2258		Sec. 79.001. COMPLIANCE. The department is authorized to
2257	2259		cooperate with the Gulf of America [Gulf of Mexico] Fishery
2258	2260		Management Council established pursuant to the Fishery
2259	2261		Conservation and Management Act of 1976 (16 U.S.C.A. Section 1801
2260	2262		et seq.), in developing state management programs which are
2261	2263		consistent with plans proposed by the council and approved by the
2262	2264		secretary of commerce.
2263	2265		SECTION 14.16. Section 86.0151(a), Parks and Wildlife Code,
2264	2266		is amended to read as follows:
2265	2267		(a) A nonprofit corporation, fund, or foundation exempted
2266	2268		from federal income taxes under Section 503(c)(3), Internal Revenue
2267	2269		Code of 1954, as amended (26 U.S.C. Sec. 503(c)(3)), may take sand,
2268	2270		gravel, marl, shell, and mudshell from Brown Cedar Cut in Matagorda
2269	2271		County for the sole purpose of opening and reopening that passage
2270	2272		between the Gulf of America [Gulf of Mexico] and East Matagorda Bay.
2271	2273		SECTION 14.17. Section 86.0152(a), Parks and Wildlife Code,
2272	2274		is amended to read as follows:
2273	2275		(a) A nonprofit corporation, fund, or foundation exempted
2274	2276		from federal income taxes under Section 501(c)(3), Internal Revenue
2275	2277		Code of 1954, as amended (26 U.S.C. Sec. 501(c)(3)), or a political
2276	2278		subdivision of the state may take sand, gravel, marl, shell, and
2277	2279		mudshell from Cedar Bayou in Aransas County for the sole purpose of
2278	2280		opening and reopening that passage between the Gulf of America
2279	2281		[Gulf of Mexico] and Mesquite Bay.
2280	2282		SECTION 14.18. Section 91.008, Parks and Wildlife Code, is
2281	2283		amended to read as follows:
2282	2284		Sec. 91.008. TEXT OF COMPACT. The Gulf States Marine
2283	2285		Fisheries Compact reads as follows:
2284	2286		GULF STATES MARINE FISHERIES COMPACT
2285	2287		The contracting states solemnly agree:
2286	2288		ARTICLE I
2287	2289		Whereas the Gulf Coast States have the proprietary interest
2288	2290		in and jurisdiction over fisheries in the waters within their
2289	2291		respective boundaries, it is the purpose of this compact to promote
2290	2292		the better utilization of the fisheries, marine, shell and
2291	2293		anadromous, of the seaboard of the Gulf of America [Gulf of Mexico],
2292	2294		by the development of a joint program for the promotion and
2293	2295		protection of such fisheries and the prevention of the physical
2294	2296		waste of the fisheries from any cause.
2295	2297		ARTICLE II
2296	2298		This compact shall become operative immediately as to those
2297	2299		states ratifying it whenever any two or more of the states of
2298	2300		Florida, Alabama, Mississippi, Louisiana and Texas have ratified it
2299	2301		and the Congress has given its consent, pursuant to Article I,
2300	2302		Section 10 of the Constitution of the United States. Any state
2301	2303		contiguous to any of the aforementioned states or riparian upon
2302	2304		waters which flow into waters under the jurisdiction of any of the
2303	2305		aforementioned States and which are frequented by anadromous fish
2304	2306		or marine species, may become a party hereto as hereinafter
2305	2307		provided.
2306	2308		ARTICLE III
2307	2309		Each state joining herein shall appoint three
2308	2310		representatives to a commission hereby constituted and designated
2309	2311		as the Gulf States Marine Fisheries Commission. One shall be the
2310	2312		head of the administrative agency of such State charged with the
2311	2313		conservation of the fishery resources to which this compact
2312	2314		pertains; or, if there be more than one officer or agency, the
2313	2315		official of that State named by the Governor thereof. The second
2314	2316		shall be a member of the Legislature of such State designated by
2315	2317		such Legislature, or in the absence of such designation, such
2316	2318		legislator shall be designated by the Governor thereof; provided
2317	2319		that if it is constitutionally impossible to appoint a legislator
2318	2320		as a commissioner from such State, the second member shall be
2319	2321		appointed in such manner as may be established by law. The third
2320	2322		shall be a citizen who shall have a knowledge of and interest in the
2321	2323		marine fisheries, to be appointed by the Governor. This commission
2322	2324		shall be a body corporate with the powers and duties set forth
2323	2325		herein.
2324	2326		ARTICLE IV
2325	2327		The duty of the said commission shall be to make inquiry and
2326	2328		ascertain from time to time such methods, practices, circumstances
2327	2329		and conditions as may be disclosed for bringing about the
2328	2330		conservation and the prevention of the depletion and physical waste
2329	2331		of the fisheries, marine, shell and anadromous, of the Gulf Coast.
2330	2332		The commission shall have power to recommend the coordination of
2331	2333		the exercise of the police powers of the several States within their
2332	2334		respective jurisdictions to promote the preservation of these
2333	2335		fisheries and their protection against over-fishing, waste,
2334	2336		depletion or any abuse whatsoever, and to assure a continuing yield
2335	2337		from the fishery resources of the aforementioned States. To that
2336	2338		end the commission shall draft and recommend to the Governors and
2337	2339		Legislatures of the various signatory States, legislation dealing
2338	2340		with the conservation of the marine, shell and anadromous fisheries
2339	2341		of the Gulf seaboard. The commission shall from time to time present
2340	2342		to the Governor of each compacting State its recommendations
2341	2343		relating to enactments to be presented to the Legislature of that
2342	2344		State in furthering the interest and purposes of this compact. The
2343	2345		commission shall consult with and advise the pertinent
2344	2346		administrative agencies in the States party hereto with regard to
2345	2347		problems connected with the fisheries, and recommend the adoption
2346	2348		of such regulations as it deems advisable. The commission shall
2347	2349		have power to recommend to the States party hereto the stocking of
2348	2350		the waters of such States with fish and fish eggs or joint stocking
2349	2351		by some or all of the States party hereto, and when two or more
2350	2352		States shall jointly stock waters the commission shall act as the
2351	2353		coordinating agency for such stocking.
2352	2354		ARTICLE V
2353	2355		The commission shall elect from its number a chairman and
2354	2356		vice-chairman and shall appoint, and at its pleasure remove or
2355	2357		discharge, such officers and employees as may be required to carry
2356	2358		the provisions of this compact into effect and shall fix and
2357	2359		determine their duties, qualifications and compensation. Said
2358	2360		commission shall adopt rules and regulations for the conduct of its
2359	2361		business. It may establish and maintain one or more offices for the
2360	2362		transaction of its business, and may meet at any time or place; but
2361	2363		must meet at least once a year.
2362	2364		ARTICLE VI
2363	2365		No action shall be taken by the commission in regard to its
2364	2366		general affairs except by the affirmative vote of a majority of the
2365	2367		whole number of compacting States. No recommendation shall be made
2366	2368		by the commission in regard to any species of fish except by the
2367	2369		affirmative vote of a majority of the compacting States which have
2368	2370		an interest in such species. The commission shall define what shall
2369	2371		be an interest.
2370	2372		ARTICLE VII
2371	2373		The Fish and Wildlife Service of the Department of the
2372	2374		Interior of the Government of the United States shall act as the
2373	2375		primary research agency of the Gulf States Marine Fisheries
2374	2376		Commission, cooperating with the research agencies in each State
2375	2377		for that purpose. Representatives of the said Fish and Wildlife
2376	2378		Service shall attend the meetings of the commission. An advisory
2377	2379		committee to be representative of the commercial salt water
2378	2380		fishermen and the salt water anglers and such other interests of
2379	2381		each State as the commissioners deem advisable may be established
2380	2382		by the commissioners from each State for the purpose of advising
2381	2383		those commissioners upon such recommendations as it may desire to
2382	2384		make.
2383	2385		ARTICLE VIII
2384	2386		When any State, other than those named specifically in
2385	2387		Article II of this compact, shall become a party hereto for the
2386	2388		purpose of conserving its anadromous fish or marine species in
2387	2389		accordance with the provisions of Article II, the participation of
2388	2390		such State in the action of the commission shall be limited to such
2389	2391		species of fish.
2390	2392		ARTICLE IX
2391	2393		Nothing in this compact shall be construed to limit the
2392	2394		powers of the proprietary interest of any signatory State, or to
2393	2395		repeal or prevent the enactment of any legislation or the
2394	2396		enforcement of any requirement by a signatory State, imposing
2395	2397		additional conditions and restrictions to conserve its fisheries.
2396	2398		ARTICLE X
2397	2399		It is agreed that any two or more States party hereto may
2398	2400		further amend this compact by acts of their respective
2399	2401		Legislatures, subject to approval of Congress as provided in
2400	2402		Article I, Section X, of the Constitution of the United States, to
2401	2403		designate the Gulf States Marine Fisheries Commission as a joint
2402	2404		regulating authority for the joint regulation of specific fisheries
2403	2405		affecting only such States as shall so compact, and at their joint
2404	2406		expense. The representatives of such States shall constitute a
2405	2407		separate section of the Gulf States Marine Fisheries Commission for
2406	2408		the exercise of the additional powers so granted, but the creation
2407	2409		of such section shall not be deemed to deprive the States so
2408	2410		compacting of any of their privileges or powers in the Gulf States
2409	2411		Marine Fisheries Commission as constituted under the other Articles
2410	2412		of this compact.
2411	2413		ARTICLE XI
2412	2414		Continued absence of representation or of any representative
2413	2415		on the commission from any State party hereto, shall be brought to
2414	2416		the attention of the Governor thereof.
2415	2417		ARTICLE XII
2416	2418		The operating expenses of the Gulf States Marine Fisheries
2417	2419		Commission shall be borne by the States party hereto. Such initial
2418	2420		appropriation as set forth below shall be made available yearly
2419	2421		until modified as hereinafter provided:
2420	2422		Florida $3,500.00 Florida $3,500.00
2421	2423		Florida $3,500.00
2422	2424		Alabama 1,000.00 Alabama 1,000.00
2423	2425		Alabama 1,000.00
2424	2426		Mississippi 1,000.00 Mississippi 1,000.00
2425	2427		Mississippi 1,000.00
2426	2428		Louisiana 5,000.00 Louisiana 5,000.00
2427	2429		Louisiana 5,000.00
2428	2430		Texas 2,500.00 Texas 2,500.00
2429	2431		Texas 2,500.00
2430	2432		Total $13,000.00 Total $13,000.00
2431	2433		Total $13,000.00
2432	2434		The proration and total cost per annum of Thirteen Thousand
2433	2435		($13,000.00) Dollars, above mentioned, is estimative only, for
2434	2436		initial operations, and may be changed when found necessary by the
2435	2437		commission and approved by the Legislatures of the respective
2436	2438		States. Each State party hereto agrees to provide in the manner most
2437	2439		acceptable to it, the travel costs and necessary expenses of its
2438	2440		commissioners and other representatives to and from meetings of the
2439	2441		commission or its duly constituted sections or committees.
2440	2442		ARTICLE XIII
2441	2443		This compact shall continue in force and remain binding upon
2442	2444		each compacting State until renounced by Act of the Legislature of
2443	2445		such State, in such form as it may choose; provided that such
2444	2446		renunciation shall not become effective until six months after the
2445	2447		effective date of the action taken by the Legislature. Notice of
2446	2448		such renunciation shall be given the other States party hereto by
2447	2449		the Secretary of State of compacting State so renouncing upon
2448	2450		passage of the Act.
2449	2451		ARTICLE 15. SPECIAL DISTRICT LOCAL LAWS PROVISIONS
2450	2452		SECTION 15.01. Section 5002.151(3), Special District Local
2451	2453		Laws, is amended to read as follows:
2452	2454		(3) "Protected zone" means the portion of the
2453	2455		corporate limits of the City of Freeport as they exist on September
2454	2456		1, 2023, that lies:
2455	2457		(A) within the enclosed space bounded by
2456	2458		beginning at the intersection of State Highway 36 and the center of
2457	2459		the Brazos River, then north along the center of the Brazos River to
2458	2460		the intersection of the center of the Brazos River and the center of
2459	2461		the DOW fresh water canal, then north and east along the center of
2460	2462		the DOW fresh water canal to the intersection of the center of the
2461	2463		DOW fresh water canal and Farm-to-Market Road 1495, then south
2462	2464		along Farm-to-Market Road 1495 to the intersection of
2463	2465		Farm-to-Market Road 1495 and State Highway 36, and then west along
2464	2466		State Highway 36 to the intersection of State Highway 36 and the
2465	2467		center of the Brazos River;
2466	2468		(B) within Brazoria County 2020 United States
2467	2469		Census tract 664501 blocks 2027, 2032, and 2034;
2468	2470		(C) within the enclosed space bounded by
2469	2471		beginning at the intersection of Farm-to-Market Road 1495 and the
2470	2472		Intracoastal Waterway, then west along the Intracoastal Waterway to
2471	2473		the intersection of the Intracoastal Waterway and the Brazos River,
2472	2474		then south along the Brazos River to the Gulf of America [Gulf of
2473	2475		Mexico], then east along the Gulf of America [Gulf of Mexico] to the
2474	2476		intersection of a line extending from the southern terminus of
2475	2477		Farm-to-Market Road 1495 due south to the intersection with the
2476	2478		Gulf of America [Gulf of Mexico], and then due north to the
2477	2479		intersection of Farm-to-Market Road 1495 and the Intracoastal
2478	2480		Waterway;
2479	2481		(D) adjacent to the old Brazos River channel and
2480	2482		inside the floodgate, which is zoned as a W-1 District under the
2481	2483		zoning ordinance, and bounded by Farm-to-Market Road 1495 on the
2482	2484		west;
2483	2485		(E) within the portion of Brazoria County 2020
2484	2486		United States Census tract 664200 blocks 2059, 2060, and 2061 that
2485	2487		lies within 3,500 feet of the centerline of State Highway 332;
2486	2488		(F) within the 13.316 acre tract of land
2487	2489		described in that certain Deed recorded in Volume 11199, at Page 471
2488	2490		of the Brazoria County Real Property Records; or
2489	2491		(G) within the 56.751 acre tract of land
2490	2492		described in that certain Deed of Exchange recorded in Volume
2491	2493		86286, at Page 927 of the Brazoria County Real Property Records.
2492	2494		SECTION 15.02. Section 5002.201(a), Special District Local
2493	2495		Laws, is amended to read as follows:
2494	2496		(a) This section applies only to property:
2495	2497		(1) owned or leased by the district; and
2496	2498		(2) located in:
2497	2499		(A) the district; and
2498	2500		(B) the boundaries or extraterritorial
2499	2501		jurisdiction of a municipality with a population of less than
2500	2502		20,000 that is wholly located in the district and whose corporate
2501	2503		limits border the Gulf of America [Gulf of Mexico].
2502	2504		SECTION 15.03. Section 5002.205(a), Special District Local
2503	2505		Laws, is amended to read as follows:
2504	2506		(a) This section applies only to a municipality with a
2505	2507		population of more than 5,000 that is wholly located in the district
2506	2508		and to property:
2507	2509		(1) owned or leased by the district;
2508	2510		(2) located in the district and within seven miles of
2509	2511		the Gulf of America [Gulf of Mexico]; and
2510	2512		(3) located in the corporate limits or
2511	2513		extraterritorial jurisdiction of a municipality that is subject to
2512	2514		this section.
2513	2515		SECTION 15.04. Section 5201.005(b), Special District Local
2514	2516		Laws, is amended to read as follows:
2515	2517		(b) The district may construct, acquire, improve, operate,
2516	2518		or maintain a road facility:
2517	2519		(1) in the district;
2518	2520		(2) from a point in the district to a point outside of
2519	2521		the district in Galveston County; or
2520	2522		(3) from a point in the district in, over, through, or
2521	2523		under the Gulf of America [Gulf of Mexico] or a bay or inlet opening
2522	2524		into the gulf to a point outside of the district and located in
2523	2525		another county.
2524	2526		ARTICLE 16. TRANSPORTATION CODE PROVISIONS
2525	2527		SECTION 16.01. Section 52.002(1), Transportation Code, is
2526	2528		amended to read as follows:
2527	2529		(1) "Adjacent coastal county" means a county bordering
2528	2530		the Gulf of America [Gulf of Mexico] that has an onshore storage
2529	2531		facility for a deepwater port for which an application has been
2530	2532		filed.
2531	2533		SECTION 16.02. Section 54.001, Transportation Code, is
2532	2534		amended to read as follows:
2533	2535		Sec. 54.001. APPLICABILITY OF CHAPTER. This chapter
2534	2536		applies only to a municipality that:
2535	2537		(1) is located on:
2536	2538		(A) the Gulf of America [Gulf of Mexico]; or
2537	2539		(B) a channel, canal, bay, or inlet connected to
2538	2540		that gulf; and
2539	2541		(2) has a population of more than 5,000.
2540	2542		SECTION 16.03. Section 61.002(6), Transportation Code, is
2541	2543		amended to read as follows:
2542	2544		(6) "Port" means a place in this state into which a
2543	2545		vessel enters or from which a vessel departs. If the port connects
2544	2546		to the Gulf of America [Gulf of Mexico], "port" includes the
2545	2547		waterway leading from the port to the Gulf of America [Gulf of
2546	2548		Mexico].
2547	2549		SECTION 16.04. Section 61.006, Transportation Code, is
2548	2550		amended to read as follows:
2549	2551		Sec. 61.006. BOARD JURISDICTION. A board has exclusive
2550	2552		jurisdiction over piloting of vessels in this state between the
2551	2553		Gulf of America [Gulf of Mexico] and the ports in the board's
2552	2554		jurisdiction.
2553	2555		SECTION 16.05. Section 62.024, Transportation Code, is
2554	2556		amended to read as follows:
2555	2557		Sec. 62.024. JURISDICTION. The pilot board of a navigation
2556	2558		district has exclusive jurisdiction over the pilotage of a vessel
2557	2559		between the Gulf of America [Gulf of Mexico] and a port of the
2558	2560		navigation district, including an intermediate stop or landing
2559	2561		place on a navigable stream in the district.
2560	2562		SECTION 16.06. Section 66.002(3), Transportation Code, is
2561	2563		amended to read as follows:
2562	2564		(3) "Harris County port" means a place in Harris
2563	2565		County into which a vessel enters or from which a vessel departs and
2564	2566		the waterway leading to that place from the Gulf of America [Gulf of
2565	2567		Mexico].
2566	2568		SECTION 16.07. Section 67.002(3), Transportation Code, is
2567	2569		amended to read as follows:
2568	2570		(3) "Galveston County port" means a place in Galveston
2569	2571		County into which a vessel enters or from which a vessel departs and
2570	2572		the waterway leading to that place from the Gulf of America [Gulf of
2571	2573		Mexico].
2572	2574		SECTION 16.08. Section 68.002(2), Transportation Code, is
2573	2575		amended to read as follows:
2574	2576		(2) "Brazoria County port" means a place in Brazoria
2575	2577		County into which a vessel enters or from which a vessel departs and
2576	2578		the waterway leading to that place from the Gulf of America [Gulf of
2577	2579		Mexico].
2578	2580		SECTION 16.09. Section 69.002(3), Transportation Code, is
2579	2581		amended to read as follows:
2580	2582		(3) "Jefferson or Orange County port" means a place in
2581	2583		Jefferson or Orange County into which a vessel enters or from which
2582	2584		a vessel departs and the waterway leading to that place from the
2583	2585		Gulf of America [Gulf of Mexico].
2584	2586		SECTION 16.10. Section 69.064, Transportation Code, is
2585	2587		amended to read as follows:
2586	2588		Sec. 69.064. FACTORS FOR BOARD CONSIDERATION. In acting on
2587	2589		a pilotage rate change application, the board shall consider:
2588	2590		(1) characteristics of vessels to be piloted;
2589	2591		(2) the public interest in maintaining safe,
2590	2592		efficient, and reliable pilot services;
2591	2593		(3) the average number of hours spent by a pilot in
2592	2594		performing all pilot services and pilot services onboard vessels;
2593	2595		(4) costs to pilots to provide the required pilot
2594	2596		services;
2595	2597		(5) economic factors affecting the shipping industry
2596	2598		in the area in which the port is located;
2597	2599		(6) the average wages of masters of United States flag
2598	2600		vessels;
2599	2601		(7) an adequate and reasonable compensation for the
2600	2602		pilots and a fair return on the equipment and vessels that the
2601	2603		pilots employ in connection with pilot duties; and
2602	2604		(8) the relationship between pilotage rates in
2603	2605		Jefferson or Orange County ports and the rates applicable in other
2604	2606		ports of this state and in competitive ports in other states
2605	2607		bordering the Gulf of America [Gulf of Mexico].
2606	2608		SECTION 16.11. Section 70.002(3), Transportation Code, is
2607	2609		amended to read as follows:
2608	2610		(3) "Port of Corpus Christi" means a place into which a
2609	2611		vessel enters or from which a vessel departs and the waterway
2610	2612		leading to that place from the Gulf of America [Gulf of Mexico]
2611	2613		under the jurisdiction of the Port of Corpus Christi Authority.
2612	2614		SECTION 16.12. Section 283.001(4), Transportation Code, is
2613	2615		amended to read as follows:
2614	2616		(4) "Project" means a causeway, bridge, or tunnel,
2615	2617		including a necessary approach, fixture, accessory, or equipment
2616	2618		that:
2617	2619		(A) is located in one county; and
2618	2620		(B) traverses or lies under the water of the Gulf
2619	2621		of America [Gulf of Mexico], including a bay or inlet opening.
2620	2622		SECTION 16.13. Section 283.002, Transportation Code, is
2621	2623		amended to read as follows:
2622	2624		Sec. 283.002. APPLICABILITY. This chapter applies only to
2623	2625		a county that:
2624	2626		(1) borders on the Gulf of America [Gulf of Mexico];
2625	2627		and
2626	2628		(2) has a population of at least 20,000 as determined
2627	2629		before the issuance of bonds under this chapter.
2628	2630		SECTION 16.14. Section 284.002(a), Transportation Code, is
2629	2631		amended to read as follows:
2630	2632		(a) Except as provided by Subsection (b), this chapter
2631	2633		applies only to a county that:
2632	2634		(1) has a population of 50,000 or more and borders the
2633	2635		Gulf of America [Gulf of Mexico] or a bay or inlet opening into the
2634	2636		gulf;
2635	2637		(2) has a population of 2.5 million or more;
2636	2638		(3) is adjacent to a county that has a population of
2637	2639		2.5 million or more; or
2638	2640		(4) borders the United Mexican States.
2639	2641		SECTION 16.15. Section 341.002, Transportation Code, is
2640	2642		amended to read as follows:
2641	2643		Sec. 341.002. GENERAL AUTHORITY TO ACT. Subject to Chapter
2642	2644		33, Natural Resources Code, an individual, corporation, or
2643	2645		association may purchase, build, own, maintain, and operate a
2644	2646		structure across an arm, inlet, or saltwater bay of the Gulf of
2645	2647		America [Gulf of Mexico] located entirely in this state to provide a
2646	2648		causeway for vehicles, pedestrians, and railroads.
2647	2649		SECTION 16.16. Section 342.001(a), Transportation Code, is
2648	2650		amended to read as follows:
2649	2651		(a) The department may purchase, construct, maintain,
2650	2652		operate, or control a ferry that crosses:
2651	2653		(1) a bay, arm, channel, or saltwater lake emptying
2652	2654		into the Gulf of America [Gulf of Mexico];
2653	2655		(2) an inlet of the Gulf of America [Gulf of Mexico];
2654	2656		or
2655	2657		(3) a river or other navigable body of water.
2656	2658		SECTION 16.17. Section 463.002, Transportation Code, is
2657	2659		amended to read as follows:
2658	2660		Sec. 463.002. APPLICATION. This chapter applies to:
2659	2661		(1) a county that is contiguous to the Gulf of America
2660	2662		[Gulf of Mexico] or a bay or inlet opening into the gulf and that
2661	2663		borders the United Mexican States; and
2662	2664		(2) a county that borders a county described by
2663	2665		Subdivision (1).
2664	2666		SECTION 16.18. Section 551.404(c), Transportation Code, is
2665	2667		amended to read as follows:
2666	2668		(c) Subsection (b) applies only to a county that:
2667	2669		(1) borders or contains a portion of the Red River; or
2668	2670		(2) borders the Gulf of America [Gulf of Mexico] and
2669	2671		has a population of less than 500,000.
2670	2672		SECTION 16.19. Section 551A.001(2), Transportation Code,
2671	2673		is amended to read as follows:
2672	2674		(2) "Beach" means a beach area, publicly or privately
2673	2675		owned, that borders the seaward shore of the Gulf of America [Gulf
2674	2676		of Mexico].
2675	2677		SECTION 16.20. Section 551A.053(c), Transportation Code,
2676	2678		is amended to read as follows:
2677	2679		(c) Subsection (b) applies only to a county that:
2678	2680		(1) borders or contains a portion of the Red River;
2679	2681		(2) borders or contains a portion of the Guadalupe
2680	2682		River and contains a part of a barrier island that borders the Gulf
2681	2683		of America [Gulf of Mexico]; or
2682	2684		(3) is adjacent to a county described by Subdivision
2683	2685		(2) and:
2684	2686		(A) has a population of less than 37,000; and
2685	2687		(B) contains a part of a barrier island or
2686	2688		peninsula that borders the Gulf of America [Gulf of Mexico].
2687	2689		SECTION 16.21. Section 623.210, Transportation Code, is
2688	2690		amended to read as follows:
2689	2691		Sec. 623.210. OPTIONAL PROCEDURE. This subchapter provides
2690	2692		an optional procedure for the issuance of a permit for the movement
2691	2693		of oversize or overweight vehicles carrying cargo on state highways
2692	2694		located in counties:
2693	2695		(1) contiguous to the Gulf of America [Gulf of Mexico]
2694	2696		or a bay or inlet opening into the gulf and:
2695	2697		(A) adjacent to at least two counties with a
2696	2698		population of 550,000 or more; or
2697	2699		(B) bordering the United Mexican States; or
2698	2700		(2) contiguous to the Gulf of America [Gulf of Mexico]
2699	2701		or a bay or inlet opening into the gulf with a population of not more
2700	2702		than 200,000 and adjacent to a county described by Subdivision
2701	2703		(1)(A).
2702	2704		SECTION 16.22. Section 623.212, Transportation Code, is
2703	2705		amended to read as follows:
2704	2706		Sec. 623.212. PERMITS BY PORT AUTHORITY. The commission
2705	2707		may authorize a port authority to issue permits for the movement of
2706	2708		oversize or overweight vehicles carrying cargo on state highways
2707	2709		located in counties:
2708	2710		(1) contiguous to the Gulf of America [Gulf of Mexico]
2709	2711		or a bay or inlet opening into the gulf and:
2710	2712		(A) adjacent to at least two counties with a
2711	2713		population of 550,000 or more; or
2712	2714		(B) bordering the United Mexican States; or
2713	2715		(2) contiguous to the Gulf of America [Gulf of Mexico]
2714	2716		or a bay or inlet opening into the gulf with a population of not more
2715	2717		than 200,000 and adjacent to a county described by Subdivision
2716	2718		(1)(A).
2717	2719		SECTION 16.23. Section 623.219(b-1), Transportation Code,
2718	2720		is amended to read as follows:
2719	2721		(b-1) For a permit issued by a port authority contiguous to
2720	2722		the Gulf of America [Gulf of Mexico] or a bay or inlet opening into
2721	2723		the gulf with a population of not more than 200,000 that is adjacent
2722	2724		to a county described in Subsection (b), the commission shall, with
2723	2725		the consent of the port authority, designate the most direct route
2724	2726		from:
2725	2727		(1) the Matagorda County line to the entrance of the
2726	2728		Port of Palacios using State Highway 35;
2727	2729		(2) the Matagorda County line to the entrance of the
2728	2730		Port of Palacios using State Highway 60;
2729	2731		(3) the Matagorda County line to the entrance of the
2730	2732		Port of Palacios using FM 521; and
2731	2733		(4) the Matagorda County line to the entrance of the
2732	2734		Port of Palacios using State Highway 71.
2733	2735		SECTION 16.24. Section 623.406(b), Transportation Code, is
2734	2736		amended to read as follows:
2735	2737		(b) The transportation of a sealed intermodal shipping
2736	2738		container under a permit issued under this subchapter:
2737	2739		(1) must begin or end at a port authority or port of
2738	2740		entry that is located in a county contiguous to the Gulf of America
2739	2741		[Gulf of Mexico] or a bay or inlet opening into the gulf; and
2740	2742		(2) may not exceed 30 miles from the port authority or
2741	2743		port of entry and must be on a highway or road described by Section
2742	2744		623.405(b).
2743	2745		SECTION 16.25. Section 644.101(b), Transportation Code, is
2744	2746		amended to read as follows:
2745	2747		(b) A police officer of any of the following municipalities
2746	2748		is eligible to apply for certification under this section:
2747	2749		(1) a municipality with a population of 50,000 or
2748	2750		more;
2749	2751		(2) a municipality with a population of 25,000 or more
2750	2752		any part of which is located in a county with a population of
2751	2753		500,000 or more;
2752	2754		(3) a municipality with a population of less than
2753	2755		25,000:
2754	2756		(A) any part of which is located in a county with
2755	2757		a population of 3.3 million; and
2756	2758		(B) that contains or is adjacent to an
2757	2759		international port;
2758	2760		(4) a municipality with a population of at least
2759	2761		34,000 that is located in a county that borders two or more states;
2760	2762		(5) a municipality any part of which is located in a
2761	2763		county bordering the United Mexican States;
2762	2764		(6) a municipality with a population of less than
2763	2765		5,000 that is located:
2764	2766		(A) adjacent to a bay connected to the Gulf of
2765	2767		America [Gulf of Mexico]; and
2766	2768		(B) in a county adjacent to a county with a
2767	2769		population greater than 3.3 million;
2768	2770		(7) a municipality that is located:
2769	2771		(A) within 25 miles of an international port; and
2770	2772		(B) in a county that does not contain a highway
2771	2773		that is part of the national system of interstate and defense
2772	2774		highways and is adjacent to a county with a population greater than
2773	2775		3.3 million;
2774	2776		(8) a municipality with a population of less than
2775	2777		8,500 that:
2776	2778		(A) is the county seat; and
2777	2779		(B) contains a highway that is part of the
2778	2780		national system of interstate and defense highways;
2779	2781		(9) a municipality located in a county with a
2780	2782		population between 60,000 and 69,000 adjacent to a bay connected to
2781	2783		the Gulf of America [Gulf of Mexico];
2782	2784		(10) a municipality with a population of more than
2783	2785		40,000 and less than 50,000 that is located in a county with a
2784	2786		population of more than 285,000 and less than 300,000 that borders
2785	2787		the Gulf of America [Gulf of Mexico];
2786	2788		(11) a municipality with a population between 32,000
2787	2789		and 50,000 that is located entirely in a county that:
2788	2790		(A) has a population of less than 250,000;
2789	2791		(B) is adjacent to two counties that each have a
2790	2792		population of more than 1.2 million; and
2791	2793		(C) contains two highways that are part of the
2792	2794		national system of interstate and defense highways;
2793	2795		(12) a municipality with a population of more than
2794	2796		4,500 and less than 10,000 that:
2795	2797		(A) contains a highway that is part of the
2796	2798		national system of interstate and defense highways; and
2797	2799		(B) is located in a county with a population
2798	2800		between 175,000 and 190,000;
2799	2801		(13) a municipality with a population of less than
2800	2802		75,000 that is located in three counties, at least one of which has
2801	2803		a population greater than 3.3 million;
2802	2804		(14) a municipality with a population between 13,900
2803	2805		and 17,000 that:
2804	2806		(A) contains three or more numbered United States
2805	2807		highways; and
2806	2808		(B) is located in a county that is adjacent to a
2807	2809		county with a population of more than 200,000;
2808	2810		(15) a municipality with a population of less than
2809	2811		50,000 that is located in:
2810	2812		(A) a county that generated $20 million or more
2811	2813		in tax revenue collected under Chapters 201 and 202, Tax Code, from
2812	2814		oil and gas production during the preceding state fiscal year; or
2813	2815		(B) a county that is adjacent to two or more
2814	2816		counties described by Paragraph (A); or
2815	2817		(16) a municipality with a population of more than
2816	2818		2,000 that is located in a county:
2817	2819		(A) with a population of less than 200,000; and
2818	2820		(B) that borders:
2819	2821		(i) another state; and
2820	2822		(ii) the Gulf Intracoastal Waterway
2821	2823		(16) a municipality that is located:
2822	2824		(A) within 20 miles of an international airport;
2823	2825		and
2824	2826		(B) in a county that:
2825	2827		(i) contains an active quarry;
2826	2828		(ii) has a population of more than 150,000
2827	2829		but less than 170,000; and
2828	2830		(iii) is adjacent to a county with a
2829	2831		population of more than two million.
2830	2832		SECTION 16.26. Section 729.001(b), Transportation Code, is
2831	2833		amended to read as follows:
2832	2834		(b) In this section, "beach" means a beach bordering on the
2833	2835		Gulf of America [Gulf of Mexico] that extends inland from the line
2834	2836		of mean low tide to the natural line of vegetation bordering on the
2835	2837		seaward shore of the Gulf of America [Gulf of Mexico], or the larger
2836	2838		contiguous area to which the public has acquired a right of use or
2837	2839		easement to or over by prescription, dedication, or estoppel, or
2838	2840		has retained a right by virtue of continuous right in the public
2839	2841		since time immemorial as recognized by law or custom.
2840	2842		SECTION 16.27. Section 750.002, Transportation Code, is
2841	2843		amended to read as follows:
2842	2844		Sec. 750.002. SPEED OF VEHICLE IN PARK IN COUNTY BORDERING
2843	2845		GULF OF AMERICA [GULF OF MEXICO]. (a) A person commits an offense if
2844	2846		the person drives a vehicle at a speed greater than 30 miles per
2845	2847		hour within the boundaries of a county park located in a county that
2846	2848		borders on the Gulf of America [Gulf of Mexico], other than on a
2847	2849		beach as that term is defined by Section 61.012, Natural Resources
2848	2850		Code, in the park.
2849	2851		ARTICLE 17. TAX CODE PROVISIONS
2850	2852		SECTION 17.01. Sections 11.271(b) and (c), Tax Code, are
2851	2853		amended to read as follows:
2852	2854		(b) An owner or lessee of a marine or mobile drilling unit
2853	2855		designed for offshore drilling of oil or gas wells is entitled to an
2854	2856		exemption from taxation of the drilling unit if the drilling unit:
2855	2857		(1) is being stored in a county bordering on the Gulf
2856	2858		of America [Gulf of Mexico] or on a bay or other body of water
2857	2859		immediately adjacent to the Gulf of America [Gulf of Mexico];
2858	2860		(2) is not being stored for the sole purpose of repair
2859	2861		or maintenance; and
2860	2862		(3) is not being used to drill a well at the location
2861	2863		at which it is being stored.
2862	2864		(c) A person is entitled to an exemption from taxation of
2863	2865		the personal property the person owns or leases that is used,
2864	2866		constructed, acquired, stored, or installed solely as part of an
2865	2867		offshore spill response containment system, or that is used solely
2866	2868		for the development, improvement, storage, deployment, repair,
2867	2869		maintenance, or testing of such a system, if the system is being
2868	2870		stored while not in use in a county bordering on the Gulf of America
2869	2871		[Gulf of Mexico] or on a bay or other body of water immediately
2870	2872		adjacent to the Gulf of America [Gulf of Mexico]. Property
2871	2873		described by this subsection and not used for any other purpose is
2872	2874		considered to be property used wholly as an integral part of mobile
2873	2875		or marine drilling equipment designed for offshore drilling of oil
2874	2876		or gas wells.
2875	2877		SECTION 17.02. Section 31.03(d), Tax Code, is amended to
2876	2878		read as follows:
2877	2879		(d) This subsection applies only to a taxing unit located in
2878	2880		a county having a population of not less than 315,000 and not more
2879	2881		than 351,000 that borders a county having a population of 3.3
2880	2882		million or more and the Gulf of America [Gulf of Mexico]. The
2881	2883		governing body of a taxing unit that has its taxes collected by
2882	2884		another taxing unit that has adopted the split-payment option under
2883	2885		Subsection (a) may provide, in the manner required by law for
2884	2886		official action by the body, that the split-payment option does not
2885	2887		apply to the taxing unit's taxes collected by the other taxing unit.
2886	2888		SECTION 17.03. Section 41.44 (c-1), Tax Code, is amended to
2887	2889		read as follows:
2888	2890		(c-1) A property owner who files a notice of protest after
2889	2891		the deadline prescribed by Subsection (a) but before the taxes on
2890	2892		the property to which the notice applies become delinquent is
2891	2893		entitled to a hearing and determination of the protest if the
2892	2894		property owner was continuously employed in the Gulf of America
2893	2895		[Gulf of Mexico], including employment on an offshore drilling or
2894	2896		production facility or on a vessel, for a period of not less than 20
2895	2897		days during which the deadline prescribed by Subsection (a) passed,
2896	2898		and the property owner provides the appraisal review board with
2897	2899		evidence of that fact through submission of a letter from the
2898	2900		property owner's employer or supervisor or, if the property owner
2899	2901		is self-employed, a sworn affidavit.
2900	2902		SECTION 17.04. Section 156.2512(c)(1), Tax Code, is amended
2901	2903		to read as follows:
2902	2904		(1) "Eligible barrier island coastal municipality"
2903	2905		means a municipality:
2904	2906		(A) that borders on the Gulf of America [Gulf of
2905	2907		Mexico];
2906	2908		(B) that is located wholly or partly on a barrier
2907	2909		island; and
2908	2910		(C) that:
2909	2911		(i) includes an institution of higher
2910	2912		education that is part of the Texas Coastal Ocean Observation
2911	2913		Network under Section 33.065, Natural Resources Code;
2912	2914		(ii) includes a national estuarine research
2913	2915		reserve;
2914	2916		(iii) is located within 30 miles of the
2915	2917		United Mexican States; or
2916	2918		(iv) has a population of less than 10,000
2917	2919		and is located in a county with a population of at least 370,000
2918	2920		that is adjacent to a county with a population of at least
2919	2921		3,000,000.
2920	2922		SECTION 17.05. Section 156.252(a), Tax Code, is amended to
2921	2923		read as follows:
2922	2924		(a) In this section, "coastal county" means any county
2923	2925		adjacent to:
2924	2926		(1) the Gulf of America [Gulf of Mexico]; or
2925	2927		(2) Corpus Christi Bay.
2926	2928		SECTION 17.06. Section 321.101(g), Tax Code, is amended to
2927	2929		read as follows:
2928	2930		(g) For the purposes of Subsection (f), "territory" in a
2929	2931		municipality having a population of 5,000 or less and bordering on
2930	2932		the Gulf of America [Gulf of Mexico] does not include any area
2931	2933		covered by water and in which no person has a place of business to
2932	2934		which a sales tax permit issued under Subchapter F of Chapter 151
2933	2935		applies.
2934	2936		SECTION 17.07. Sections 351.001(3),(7), and (11), Tax Code,
2935	2937		are amended to read as follows:
2936	2938		(3) "Eligible coastal municipality" means:
2937	2939		(A) a home-rule municipality that borders on the
2938	2940		Gulf of America [Gulf of Mexico] and has a population of less than
2939	2941		80,000; or
2940	2942		(B) a municipality that borders on the Gulf of
2941	2943		America [Gulf of Mexico] and has a population of less than 1,500.
2942	2944		(7) "Eligible central municipality" means:
2943	2945		(A) a municipality with a population of more than
2944	2946		140,000 but less than 1.5 million that is located in a county with a
2945	2947		population of one million or more and that has adopted a capital
2946	2948		improvement plan for the construction or expansion of a convention
2947	2949		center facility;
2948	2950		(B) a municipality with a population of 250,000
2949	2951		or more that:
2950	2952		(i) is located wholly or partly on a barrier
2951	2953		island that borders the Gulf of America [Gulf of Mexico];
2952	2954		(ii) is located in a county with a
2953	2955		population of 300,000 or more; and
2954	2956		(iii) has adopted a capital improvement
2955	2957		plan to expand an existing convention center facility;
2956	2958		(11) "Eligible barrier island coastal municipality"
2957	2959		means a municipality:
2958	2960		(A) that borders on the Gulf of America [Gulf of
2959	2961		Mexico];
2960	2962		(B) that is located wholly on a barrier island;
2961	2963		and
2962	2964		(C) the boundaries of which are within 30 miles
2963	2965		of the United Mexican States.
2964	2966		SECTION 17.08. Section 351.003(c), Tax Code, is amended to
2965	2967		read as follows:
2966	2968		(c) The rate in a municipality that borders on the Gulf of
2967	2969		America [Gulf of Mexico] and has a population of more than 250,000
2968	2970		or in a municipality with a population of less than 5,000 adjacent
2969	2971		to a home-rule city with a population of less than 80,000 may not
2970	2972		exceed nine percent of the price paid for a room.
2971	2973		SECTION 17.09. Section 351.102(e), Tax Code, is amended to
2972	2974		read as follows:
2973	2975		(e) Subsection (b) applies only to:
2974	2976		(1) a municipality with a population of two million or
2975	2977		more;
2976	2978		(2) a municipality with a population of 700,000 or
2977	2979		more but less than 1.4 million;
2978	2980		(3) a municipality with a population of 350,000 or
2979	2981		more but less than 450,000 in which at least two professional sports
2980	2982		stadiums are located, each of which:
2981	2983		(A) has a seating capacity of at least 40,000
2982	2984		people; and
2983	2985		(B) was approved by the voters of the
2984	2986		municipality as a sports and community venue project under Chapter
2985	2987		334, Local Government Code; and
2986	2988		(4) a municipality with a population of less than
2987	2989		2,000 that:
2988	2990		(A) is located adjacent to a bay connected to the
2989	2991		Gulf of America [Gulf of Mexico];
2990	2992		(B) is located in a county with a population of
2991	2993		290,000 or more that is adjacent to a county with a population of
2992	2994		four million or more; and
2993	2995		(C) has a boardwalk on the bay.
2994	2996		SECTION 17.10. Section 351.1055(b), Tax Code, is amended to
2995	2997		read as follows:
2996	2998		(b) Notwithstanding any other provision of this chapter, a
2997	2999		home-rule municipality that borders on the Gulf of America [Gulf of
2998	3000		Mexico] and has a population of more than 250,000 may use all or any
2999	3001		portion of the revenue derived from the municipal hotel occupancy
3000	3002		tax from hotels in an area previously subject to a county hotel
3001	3003		occupancy tax and located on an island bordering the Gulf of America
3002	3004		[Gulf of Mexico] to clean and maintain public beaches in the
3003	3005		municipality.
3004	3006		SECTION 17.11. Section 351.1066(a), Tax Code, is amended to
3005	3007		read as follows:
3006	3008		(a) This section applies only to:
3007	3009		(1) a municipality with a population of at least 3,500
3008	3010		but less than 5,500 that is the county seat of a county with a
3009	3011		population of less than 50,000 that borders a county with a
3010	3012		population of more than 1.6 million;
3011	3013		(2) a municipality with a population of at least 2,800
3012	3014		but less than 3,500 that is the county seat of a county with a
3013	3015		population of less than 22,000 that is bordered by the Trinity River
3014	3016		and includes a state park and a portion of a wildlife management
3015	3017		area;
3016	3018		(3) a municipality with a population of at least 8,000
3017	3019		that is located in a county that borders the Pecos River and that
3018	3020		has a population of not more than 15,000;
3019	3021		(4) a municipality with a population of not more than
3020	3022		15,000 that is located in a county through which the Frio River
3021	3023		flows and an interstate highway crosses, and that has a population
3022	3024		of at least 15,000;
3023	3025		(5) a municipality with a population of not less than
3024	3026		7,500 that is located in a county with a population of not less than
3025	3027		40,000 but less than 250,000 that is adjacent to a county with a
3026	3028		population of less than 750;
3027	3029		(6) a municipality that is the county seat of a county
3028	3030		with a population of at least 8,500 and that county contains part of
3029	3031		the Chaparral Wildlife Management Area; and
3030	3032		(7) a municipality that has a population of not more
3031	3033		than 25,000, that contains a cultural heritage museum, and that is
3032	3034		located in a county that borders the United Mexican States and the
3033	3035		Gulf of America [Gulf of Mexico].
3034	3036		SECTION 17.12. Sections 351.107(a) and (e), Tax Code, are
3035	3037		amended to read as follows:
3036	3038		(a) This section applies only to a municipality that borders
3037	3039		on the Gulf of America [Gulf of Mexico] and has a population of more
3038	3040		than 250,000.
3039	3041		(e) Notwithstanding any other provision of this chapter, a
3040	3042		municipality to which this section applies may use all or any
3041	3043		portion of the revenue derived from the municipal hotel occupancy
3042	3044		tax from hotels in an area previously subject to a county hotel
3043	3045		occupancy tax and located on an island bordering the Gulf of America
3044	3046		[Gulf of Mexico] to clean and maintain public beaches in the
3045	3047		municipality.
3046	3048		SECTION 17.13. Section 351.10713(a), Tax Code, is amended
3047	3049		to read as follows:
3048	3050		(a) This section applies only to a municipality that is the
3049	3051		county seat of a county:
3050	3052		(1) that borders the Gulf of America [Gulf of Mexico];
3051	3053		and
3052	3054		(2) through which the Colorado River flows.
3053	3055		SECTION 17.14. Section 351.152, Tax Code, is amended to
3054	3056		read as follows:
3055	3057		Sec. 351.152. APPLICABILITY. This subchapter applies only
3056	3058		to:
3057	3059		(1) a municipality described by Section
3058	3060		351.001(7)(B);
3059	3061		(2) a municipality described by Section
3060	3062		351.001(7)(D);
3061	3063		(3) a municipality described by Section
3062	3064		351.001(7)(E);
3063	3065		(4) a municipality described by Section
3064	3066		351.102(e)(3);
3065	3067		(5) a municipality that contains more than 70 percent
3066	3068		of the population of a county with a population of 1.5 million or
3067	3069		more;
3068	3070		(6) a municipality with a population of 175,000 or
3069	3071		more but less than 200,000 that is partially located in at least one
3070	3072		county with a population of 125,000 or more;
3071	3073		(7) a municipality with a population of 250,000 or
3072	3074		more but less than one million that is located in one county with a
3073	3075		population of 2.5 million or more;
3074	3076		(8) a municipality with a population of 180,000 or
3075	3077		more that:
3076	3078		(A) is located in two counties, each with a
3077	3079		population of 100,000 or more; and
3078	3080		(B) contains an American Quarter Horse Hall of
3079	3081		Fame and Museum;
3080	3082		(9) a municipality with a population of 96,000 or more
3081	3083		that is located in a county that borders Lake Palestine;
3082	3084		(10) a municipality with a population of 96,000 or
3083	3085		more that is located in a county that contains the headwaters of the
3084	3086		San Gabriel River;
3085	3087		(11) a municipality with a population of at least
3086	3088		95,000 that is located in a county that is bisected by United States
3087	3089		Highway 385 and has a population of not more than 170,000;
3088	3090		(12) a municipality with a population of 110,000 or
3089	3091		more but less than 135,000 at least part of which is located in a
3090	3092		county with a population of less than 135,000;
3091	3093		(13) a municipality with a population of 28,000 or
3092	3094		more but less than 31,000 that is located in two counties, each of
3093	3095		which has a population of 900,000 or more and a southern border with
3094	3096		a county with a population of 2.5 million or more;
3095	3097		(14) a municipality with a population of 200,000 or
3096	3098		more but less than 300,000 that contains a component institution of
3097	3099		the Texas Tech University System;
3098	3100		(15) a municipality with a population of 95,000 or
3099	3101		more that:
3100	3102		(A) is located in more than one county; and
3101	3103		(B) borders Lake Lewisville;
3102	3104		(16) a municipality with a population of 45,000 or
3103	3105		more that:
3104	3106		(A) contains a portion of Cedar Hill State Park;
3105	3107		(B) is located in two counties, one of which has a
3106	3108		population of 2.5 million or more and one of which has a population
3107	3109		of 190,000 or more; and
3108	3110		(C) has adopted a capital improvement plan for
3109	3111		the construction or expansion of a convention center facility;
3110	3112		(17) a municipality with a population of less than
3111	3113		10,000 that:
3112	3114		(A) is almost wholly located in a county with a
3113	3115		population of 900,000 or more that is adjacent to a county with a
3114	3116		population of 2.5 million or more;
3115	3117		(B) is partially located in a county with a
3116	3118		population of 2.1 million or more that is adjacent to a county with
3117	3119		a population of 2.5 million or more;
3118	3120		(C) has a visitor center and museum located in a
3119	3121		19th-century rock building in the municipality's downtown; and
3120	3122		(D) has a waterpark open to the public;
3121	3123		(18) a municipality with a population of 60,000 or
3122	3124		more that:
3123	3125		(A) borders Lake Ray Hubbard; and
3124	3126		(B) is located in two counties, one of which has a
3125	3127		population of less than 110,000;
3126	3128		(19) a municipality with a population of 110,000 or
3127	3129		more that:
3128	3130		(A) borders Clear Lake; and
3129	3131		(B) is primarily located in a county with a
3130	3132		population of less than 355,000;
3131	3133		(20) a municipality with a population of less than
3132	3134		2,000 that:
3133	3135		(A) is located adjacent to a bay connected to the
3134	3136		Gulf of America [Gulf of Mexico];
3135	3137		(B) is located in a county with a population of
3136	3138		290,000 or more that is adjacent to a county with a population of
3137	3139		four million or more; and
3138	3140		(C) has a boardwalk on the bay;
3139	3141		(21) a municipality with a population of 75,000 or
3140	3142		more that:
3141	3143		(A) is located wholly in one county with a
3142	3144		population of 800,000 or more that is adjacent to a county with a
3143	3145		population of four million or more; and
3144	3146		(B) has adopted a capital improvement plan for
3145	3147		the construction or expansion of a convention center facility;
3146	3148		(22) a municipality with a population of less than
3147	3149		70,000 that is located in three counties, at least one of which has
3148	3150		a population of four million or more;
3149	3151		(23) an eligible coastal municipality with a
3150	3152		population of 2,900 or more but less than 5,000;
3151	3153		(24) a municipality with a population of 90,000 or
3152	3154		more but less than 150,000 that:
3153	3155		(A) is located in three counties; and
3154	3156		(B) contains a branch campus of a component
3155	3157		institution of the University of Houston System;
3156	3158		(25) a municipality that is:
3157	3159		(A) primarily located in a county with a
3158	3160		population of four million or more; and
3159	3161		(B) connected by a bridge to a municipality
3160	3162		described by Subdivision (20);
3161	3163		(26) a municipality with a population of 25,000 or
3162	3164		more but less than 30,000 that:
3163	3165		(A) contains a portion of Mustang Bayou; and
3164	3166		(B) is wholly located in a county with a
3165	3167		population of less than 500,000;
3166	3168		(27) a municipality with a population of 70,000 or
3167	3169		more but less than 90,000 that is located in two counties, one of
3168	3170		which has a population of four million or more and the other of
3169	3171		which has a population of less than 50,000;
3170	3172		(28) a municipality with a population of 10,000 or
3171	3173		more that:
3172	3174		(A) is wholly located in a county with a
3173	3175		population of four million or more; and
3174	3176		(B) has a city hall located less than three miles
3175	3177		from a space center operated by an agency of the federal government;
3176	3178		(29) a municipality that is the county seat of a
3177	3179		county:
3178	3180		(A) through which the Pedernales River flows; and
3179	3181		(B) in which the birthplace of a president of the
3180	3182		United States is located;
3181	3183		(30) a municipality that contains a portion of U.S.
3182	3184		Highway 79 and State Highway 130;
3183	3185		(31) a municipality with a population of 70,000 or
3184	3186		more but less than 115,000 that is located in two counties, one of
3185	3187		which has a population of 1.1 million or more but less than 1.9
3186	3188		million;
3187	3189		(32) a municipality with a population of less than
3188	3190		25,000 that contains a museum of Western American art;
3189	3191		(33) a municipality with a population of 50,000 or
3190	3192		more that is the county seat of a county that contains a portion of
3191	3193		the Sam Houston National Forest;
3192	3194		(34) a municipality with a population of less than
3193	3195		25,000 that:
3194	3196		(A) contains a cultural heritage museum; and
3195	3197		(B) is located in a county that borders the
3196	3198		United Mexican States and the Gulf of America [Gulf of Mexico];
3197	3199		(35) a municipality that is the county seat of a county
3198	3200		that:
3199	3201		(A) has a population of 115,000 or more;
3200	3202		(B) is adjacent to a county with a population of
3201	3203		2.1 million or more; and
3202	3204		(C) hosts an annual peach festival;
3203	3205		(36) a municipality that is the county seat of a county
3204	3206		that:
3205	3207		(A) has a population of 800,000 or more; and
3206	3208		(B) is adjacent to a county with a population of
3207	3209		four million or more;
3208	3210		(37) a municipality with a population of less than
3209	3211		10,000 that:
3210	3212		(A) contains a component university of The Texas
3211	3213		A&M University System; and
3212	3214		(B) is located in a county adjacent to a county
3213	3215		that borders Oklahoma;
3214	3216		(38) a municipality with a population of less than
3215	3217		17,000 that:
3216	3218		(A) is located in two counties, each of which has
3217	3219		a population of 900,000 or more but less than two million; and
3218	3220		(B) hosts an annual Cajun Festival;
3219	3221		(39) a municipality with a population of 13,000 or
3220	3222		more that:
3221	3223		(A) is located on an international border; and
3222	3224		(B) is located in a county:
3223	3225		(i) with a population of less than 400,000;
3224	3226		and
3225	3227		(ii) in which at least one World Birding
3226	3228		Center site is located;
3227	3229		(40) a municipality with a population of 3,200 or more
3228	3230		that:
3229	3231		(A) is located on an international border; and
3230	3232		(B) is located not more than five miles from a
3231	3233		state historic site that serves as a visitor center for a state park
3232	3234		that contains 300,000 or more acres of land;
3233	3235		(41) a municipality with a population of 36,000 or
3234	3236		more that is adjacent to at least two municipalities described by
3235	3237		Subdivision (15);
3236	3238		(42) a municipality with a population of 28,000 or
3237	3239		more that is located in a county with a population of 240,000 or
3238	3240		more that contains a portion of the Blanco River and in which is
3239	3241		located a historic railroad depot and heritage center;
3240	3242		(43) a municipality located in a county that has a
3241	3243		population of not more than 300,000 and in which a component
3242	3244		university of the University of Houston System is located;
3243	3245		(44) a municipality with a population of less than
3244	3246		500,000 that is:
3245	3247		(A) located in two counties; and
3246	3248		(B) adjacent to a municipality described by
3247	3249		Subdivision (31);
3248	3250		(45) a municipality that:
3249	3251		(A) has a population of more than 67,000; and
3250	3252		(B) is located in two counties with 90 percent of
3251	3253		the municipality's territory located in a county with a population
3252	3254		of at least 800,000, and the remaining territory located in a county
3253	3255		with a population of at least four million;
3254	3256		(46) a municipality that:
3255	3257		(A) has a population of 100,000 or more; and
3256	3258		(B) is wholly located in, but is not the county
3257	3259		seat of, a county with a population of one million or more:
3258	3260		(i) in which all or part of a municipality
3259	3261		with a population of one million or more is located; and
3260	3262		(ii) that is adjacent to a county with a
3261	3263		population of 2.5 million or more;
3262	3264		(47) a municipality that is the county seat of a county
3263	3265		bordering the Gulf of America [Gulf of Mexico] and the United
3264	3266		Mexican States;
3265	3267		(48) a municipality that is bisected by the Guadalupe
3266	3268		River and is the county seat of a county with a population of
3267	3269		170,000 or more;
3268	3270		(49) a municipality with a population of 70,000 or
3269	3271		more but less than 150,000 that borders Joe Pool Lake;
3270	3272		(50) a municipality with a population of 115,000 or
3271	3273		more that borders the Neches River;
3272	3274		(51) a municipality described by Section 351.101(k);
3273	3275		(52) a municipality that is the county seat of a
3274	3276		county:
3275	3277		(A) through which the Brazos River flows; and
3276	3278		(B) in which a national monument is located;
3277	3279		(53) a municipality with a population of 45,000 or
3278	3280		more that:
3279	3281		(A) is not the county seat of a county;
3280	3282		(B) is located in a single county; and
3281	3283		(C) contains a portion of Lake Lewisville;
3282	3284		(54) a municipality that is the county seat of a county
3283	3285		with a population of more than 900,000 that is adjacent to two
3284	3286		counties, each of which has a population of more than 1.8 million;
3285	3287		(55) a municipality that hosts an annual wine festival
3286	3288		and is located in three counties, each of which has a population of
3287	3289		more than 900,000;
3288	3290		(56) a municipality that has a population of at least
3289	3291		150,000 but less than 1,300,000 and is partially located in a county
3290	3292		that contains a portion of Cedar Creek Reservoir;
3291	3293		(57) a municipality that is located in a county that
3292	3294		contains a portion of Cedar Creek Reservoir and in which a private
3293	3295		college is located;
3294	3296		(58) a municipality that is the county seat of a
3295	3297		county:
3296	3298		(A) with a population of one million or more;
3297	3299		(B) in which all or part of a municipality with a
3298	3300		population of one million or more is located; and
3299	3301		(C) that is located adjacent to a county with a
3300	3302		population of 2.5 million or more;
3301	3303		(59) a municipality that is the county seat of a county
3302	3304		that contains a portion of Cedar Creek Reservoir and borders a
3303	3305		county with a population of more than 240,000;
3304	3306		(60) a municipality with a population of more than
3305	3307		80,000 but less than 150,000 that is located in a county with a
3306	3308		population of more than 369,000 but less than 864,000 that contains
3307	3309		part of an active duty United States Army installation;
3308	3310		(61) a municipality with a population of 750,000 or
3309	3311		more that is located in a county with a population of 1.5 million or
3310	3312		less;
3311	3313		(62) a municipality with a population of less than
3312	3314		7,000 that contains a country music hall of fame;
3313	3315		(63) a municipality with a population of 35,000 or
3314	3316		more that contains a railroad museum and is located in a county
3315	3317		that:
3316	3318		(A) has a population of 800,000 or more; and
3317	3319		(B) is adjacent to a county with a population of
3318	3320		four million or more; and
3319	3321		(64) a municipality:
3320	3322		(A) that is the county seat of a county:
3321	3323		(i) with a population of 60,000 or less; and
3322	3324		(ii) that borders the Rio Grande; and
3323	3325		(B) in which is located a United States military
3324	3326		fort listed in the National Register of Historic Places.
3325	3327		SECTION 17.15. Section 352.002(a), Tax Code, is amended to
3326	3328		read as follows:
3327	3329		(a) The commissioners courts of the following counties by
3328	3330		the adoption of an order or resolution may impose a tax on a person
3329	3331		who, under a lease, concession, permit, right of access, license,
3330	3332		contract, or agreement, pays for the use or possession or for the
3331	3333		right to the use or possession of a room that is in a hotel, costs $2
3332	3334		or more each day, and is ordinarily used for sleeping:
3333	3335		(1) a county that has a population of more than 3.3
3334	3336		million;
3335	3337		(2) a county that has a population of 90,000 or more,
3336	3338		borders the United Mexican States, does not border the Gulf of
3337	3339		America [Gulf of Mexico], and does not have four or more cities that
3338	3340		each have a population of more than 25,000;
3339	3341		(3) a county in which there is no municipality;
3340	3342		(4) a county in which there is located an Indian
3341	3343		reservation under the jurisdiction of the United States government;
3342	3344		(5) a county that has a population of 30,000 or less,
3343	3345		that has no more than one municipality with a population of less
3344	3346		than 2,500, and that borders two counties located wholly in the
3345	3347		Edwards Aquifer Authority established by Chapter 626, Acts of the
3346	3348		73rd Legislature, Regular Session, 1993;
3347	3349		(6) a county that borders the Gulf of America [Gulf of
3348	3350		Mexico];
3349	3351		(7) a county that has a population of less than 5,000,
3350	3352		that borders the United Mexican States, and in which there is
3351	3353		located a major observatory;
3352	3354		(8) a county that has a population of 12,000 or less
3353	3355		and borders the Toledo Bend Reservoir;
3354	3356		(9) a county that has a population of less than 12,500
3355	3357		and an area of less than 275 square miles and does not border a
3356	3358		county that borders Arkansas and Louisiana;
3357	3359		(10) a county that has a population of 30,000 or less
3358	3360		and borders Possum Kingdom Lake;
3359	3361		(11) a county that borders a county with a population
3360	3362		of more than 300,000 and the United Mexican States and has a
3361	3363		population of more than 300,000 and less than 900,000;
3362	3364		(12) a county that has a population of 35,000 or more
3363	3365		and borders or contains a portion of Lake Fork Reservoir;
3364	3366		(13) a county that borders the United Mexican States
3365	3367		and in which there is located a national recreation area;
3366	3368		(14) a county that borders the United Mexican States
3367	3369		and in which there is located a national park of more than 400,000
3368	3370		acres;
3369	3371		(15) a county that has a population of 28,000 or less,
3370	3372		that has no more than four municipalities, and that is located
3371	3373		wholly in the Edwards Aquifer Authority established by Chapter 626,
3372	3374		Acts of the 73rd Legislature, Regular Session, 1993;
3373	3375		(16) a county that has a population of 25,000 or less,
3374	3376		whose territory is less than 750 square miles, and that has two
3375	3377		incorporated municipalities, each with a population of 800 or less,
3376	3378		at least one of which is located on the Frio River;
3377	3379		(17) a county that has a population of 34,000 or more
3378	3380		and borders Lake Buchanan;
3379	3381		(18) a county that has a population of more than 45,000
3380	3382		and less than 75,000, that borders the United Mexican States, and
3381	3383		that borders or contains a portion of Falcon Lake;
3382	3384		(19) a county with a population of 22,000 or less that
3383	3385		borders the Neches River and in which there is located a national
3384	3386		preserve;
3385	3387		(20) a county that has a population of 28,000 or less
3386	3388		and that borders or contains a portion of Lake Livingston;
3387	3389		(21) a county through which the Pedernales River flows
3388	3390		and in which the birthplace or the childhood home of a president of
3389	3391		the United States is located;
3390	3392		(22) a county that has a population of 35,000 or less
3391	3393		and borders Lake Buchanan;
3392	3394		(23) a county with a population of less than 11,000
3393	3395		that is bordered by the Sulphur River;
3394	3396		(24) a county that has a population of 16,000 or more
3395	3397		and borders the entire north shore of Lake Somerville;
3396	3398		(25) a county that has a population of 20,000 or less
3397	3399		and that is bordered by the Brazos and Navasota Rivers;
3398	3400		(26) a county that has a population of more than 15,000
3399	3401		and less than 25,000 and is located on the Trinity and Navasota
3400	3402		Rivers;
3401	3403		(27) a county that has a population of less than 15,000
3402	3404		and that is bordered by the Trinity and Navasota Rivers;
3403	3405		(28) a county that borders or contains a portion of the
3404	3406		Neches River, the Sabine River, and Sabine Lake; and
3405	3407		(29) a county that borders Whitney Lake.
3406	3408		SECTION 17.16. Section 352.003(f), Tax Code, is amended to
3407	3409		read as follows:
3408	3410		(f) The tax rate in a county that borders the Gulf of America
3409	3411		[Gulf of Mexico], has a population of more than 200,000, and borders
3410	3412		the Neches River may not exceed two percent of the price paid for a
3411	3413		room in a hotel in the county.
3412	3414		SECTION 17.17. Section 352.1033, Tax Code, is amended to
3413	3415		read as follows:
3414	3416		Sec. 352.1033. USE OF REVENUE; COUNTIES BORDERING THE GULF
3415	3417		OF AMERICA [GULF OF MEXICO]. (a) Subject to Subsection (c), the
3416	3418		revenue from a tax imposed under this chapter by a county that
3417	3419		borders the Gulf of America [Gulf of Mexico] authorized to impose
3418	3420		the tax by Section 352.002(a)(6) may be used only to:
3419	3421		(1) clean public beaches;
3420	3422		(2) acquire, furnish, or maintain facilities,
3421	3423		including parks, that enhance public access to beaches;
3422	3424		(3) provide and maintain public restrooms on or
3423	3425		adjacent to beaches or beach access facilities;
3424	3426		(4) provide and maintain litter containers on or
3425	3427		adjacent to beaches or beach access facilities;
3426	3428		(5) create, renovate, promote, and maintain parks
3427	3429		adjacent to bays, rivers, and other navigable waterways if the
3428	3430		county does not operate a public beach on the Gulf of America [Gulf
3429	3431		of Mexico];
3430	3432		(6) advertise and conduct solicitations and
3431	3433		promotional programs to attract tourists and convention delegates
3432	3434		or registrants to the county or its vicinity, any of which may be
3433	3435		conducted by the county or through contracts with persons or
3434	3436		organizations selected by the county;
3435	3437		(7) acquire a site for and construct, improve,
3436	3438		enlarge, equip, repair, operate, and maintain a visitor information
3437	3439		center; and
3438	3440		(8) encourage, promote, and improve historical
3439	3441		preservation and restoration efforts.
3440	3442		(b) A county that borders the Gulf of America [Gulf of
3441	3443		Mexico] and that is authorized to impose the tax by Section
3442	3444		352.002(a)(6) may use 50 percent or less of the revenue from the tax
3443	3445		for the promotion of tourism.
3444	3446		(c) In addition to the uses allowed by Subsection (a), a
3445	3447		county authorized to impose a tax under this chapter by Section
3446	3448		352.002(a)(6) that has a population of 50,000 or less and in which
3447	3449		there is located at least one national wildlife refuge may use the
3448	3450		revenue from the tax to:
3449	3451		(1) acquire, construct, furnish, or maintain
3450	3452		facilities, such as aquariums, birding centers and viewing sites,
3451	3453		history and art centers, and nature centers and trails;
3452	3454		(2) advertise and conduct solicitations and
3453	3455		promotional programs to attract conventions and visitors; and
3454	3456		(3) provide and maintain public restrooms and litter
3455	3457		containers on public land in an area that is a tourism venue.
3456	3458		(d) The limitation prescribed by Subsection (b) does not
3457	3459		apply to the use of revenue from a tax imposed under this chapter by
3458	3460		a county to which Subsection (c) applies.
3459	3461		ARTICLE 18. UTILITIES CODE PROVISIONS
3460	3462		SECTION 18.01. Section 39.9016, Utilities Code, is amended
3461	3463		to read as follows:
3462	3464		Sec. 39.9016. NUCLEAR SAFETY FEE. An electric utility that
3463	3465		operates a nuclear asset located in a county on the coast of the
3464	3466		Gulf of America [Gulf of Mexico] shall pay a nuclear safety fee for
3465	3467		the year 2000 and the year 2001 to each taxing unit in which the
3466	3468		nuclear asset is located, other than a school district, in an amount
3467	3469		equal to the difference between the ad valorem taxes imposed by the
3468	3470		taxing unit in 1999 and the amount of ad valorem taxes imposed by
3469	3471		the unit in the year for which the fee is due, except that the amount
3470	3472		of the fee may not exceed one-half the taxes imposed on the asset by
3471	3473		the unit in 1999. The nuclear safety fee shall be considered a tax
3472	3474		or fee under Section 39.258(5).
3473	3475		ARTICLE 19. WATER CODE PROVISIONS
3474	3476		SECTION 19.01. Section 11.002(11), Water Code, is amended
3475	3477		to read as follows:
3476	3478		(11) "River basin" means a river or coastal basin
3477	3479		designated by the board as a river basin under Section 16.051. The
3478	3480		term does not include waters originating in the bays or arms of the
3479	3481		Gulf of America [Gulf of Mexico].
3480	3482		SECTION 19.02. Section 11.021(a), Water Code, is amended to
3481	3483		read as follows:
3482	3484		(a) The water of the ordinary flow, underflow, and tides of
3483	3485		every flowing river, natural stream, and lake, and of every bay or
3484	3486		arm of the Gulf of America [Gulf of Mexico], and the storm water,
3485	3487		floodwater, and rainwater of every river, natural stream, canyon,
3486	3488		ravine, depression, and watershed in the state is the property of
3487	3489		the state.
3488	3490		SECTION 19.03. Section 11.023(f), Water Code, is amended to
3489	3491		read as follows:
3490	3492		(f) The water of any arm, inlet, or bay of the Gulf of
3491	3493		America [Gulf of Mexico] may be changed from salt water to sweet or
3492	3494		fresh water and held or stored by dams, dikes, or other structures
3493	3495		and may be taken or diverted for any purpose authorized by this
3494	3496		chapter.
3495	3497		SECTION 19.04. Section 11.050(a), Water Code, is amended to
3496	3498		read as follows:
3497	3499		(a) An appropriator authorized to take water for
3498	3500		irrigation, subject to the laws of the United States and the
3499	3501		regulations made under its authority, may construct gates or
3500	3502		breakwaters, dams, or dikes with gates, in waters wholly in this
3501	3503		state, as necessary to prevent pollution of the fresh water of any
3502	3504		river, bayou, or stream due to the ebb and flow of the tides of the
3503	3505		Gulf of America [Gulf of Mexico].
3504	3506		SECTION 19.05. Section 11.0871(a), Water Code, is amended
3505	3507		to read as follows:
3506	3508		(a) The commission may authorize, under conditions stated
3507	3509		in an order, a watermaster to provide for the temporary diversion
3508	3510		and use by holders of water rights of storm water or floodwater that
3509	3511		spills from dams and reservoirs on an international stream and
3510	3512		otherwise would flow into the Gulf of America [Gulf of Mexico]
3511	3513		without opportunity for beneficial use.
3512	3514		SECTION 19.06. Sections 11.1405(a) and (b), Water Code, are
3513	3515		amended to read as follows:
3514	3516		(a) The commission may issue a permit under this section to
3515	3517		authorize a diversion of state water from the Gulf of America [Gulf
3516	3518		of Mexico] or a bay or arm of the Gulf of America [Gulf of Mexico]
3517	3519		for desalination and use for industrial purposes if:
3518	3520		(1) the point of diversion is located less than three
3519	3521		miles seaward of any point located on the coast of this state; or
3520	3522		(2) the seawater contains a total dissolved solids
3521	3523		concentration based on a yearly average of samples taken monthly at
3522	3524		the water source of less than 20,000 milligrams per liter.
3523	3525		(b) A person may divert state water from the Gulf of America
3524	3526		[Gulf of Mexico] or a bay or arm of the Gulf of America [Gulf of
3525	3527		Mexico] for desalination and use for industrial purposes without
3526	3528		obtaining a permit if Subsection (a) does not apply.
3527	3529		SECTION 19.07. Section 11.142(c), Water Code, is amended to
3528	3530		read as follows:
3529	3531		(c) Without obtaining a permit, a person who is drilling and
3530	3532		producing petroleum and conducting operations associated with
3531	3533		drilling and producing petroleum may take for those purposes state
3532	3534		water from the Gulf of America [Gulf of Mexico] and adjacent bays
3533	3535		and arms of the Gulf of America [Gulf of Mexico] in an amount not to
3534	3536		exceed one acre-foot during each 24-hour period.
3535	3537		SECTION 19.08. Section 11.1421(b), Water Code, is amended
3536	3538		to read as follows:
3537	3539		(b) Without obtaining a permit and subject to the
3538	3540		requirements and limitations provided by Subsections (c) through
3539	3541		(e) of this section, a person who is engaged in mariculture
3540	3542		operations on land may take for that purpose state water from the
3541	3543		Gulf of America [Gulf of Mexico] and adjacent bays and arms of the
3542	3544		Gulf of America [Gulf of Mexico] in an amount appropriate to those
3543	3545		mariculture activities.
3544	3546		SECTION 19.09. Section 11.3271(h), Water Code, is amended
3545	3547		to read as follows:
3546	3548		(h) Before granting a permit to convey water down the banks
3547	3549		and bed of the Rio Grande, the commission shall adopt rules that
3548	3550		provide for the methods and procedures by which the watermaster
3549	3551		shall account for any discharge, delivery, conveyance, storage,
3550	3552		diversion, or associated loss of water conveyed down the banks and
3551	3553		bed of the Rio Grande. A permit to convey water down the banks and
3552	3554		bed of the Rio Grande may not allow the permit holder to share in any
3553	3555		beneficial state water inflows into the Rio Grande. The permit
3554	3556		holder is entitled to convey only the amount of water specified in
3555	3557		the permit, less the carriage losses incurred in transit, as
3556	3558		described and measured according to commission rules. A rule
3557	3559		adopted by the commission under this subsection must be consistent
3558	3560		with the Treaty Relating to the Utilization of the Waters of the
3559	3561		Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from
3560	3562		Fort Quitman, Texas, to the Gulf of America [Gulf of Mexico],
3561	3563		concluded by the United States and the United Mexican States on
3562	3564		February 3, 1944, and with any minute order adopted by the
3563	3565		International Boundary and Water Commission.
3564	3566		SECTION 19.10. Section 13.245(c-5), Water Code, is amended
3565	3567		to read as follows:
3566	3568		(c-5) Subsections (c-1), (c-2), (c-3), and (c-4) do not
3567	3569		apply to:
3568	3570		(1) a county that borders the United Mexican States
3569	3571		and the Gulf of America [Gulf of Mexico] or a county adjacent to
3570	3572		such a county;
3571	3573		(2) a county with a population of more than 30,000 and
3572	3574		less than 36,000 that borders the Red River; or
3573	3575		(3) a county with a population of more than 100,000 and
3574	3576		less than 200,000 that borders a county described by Subdivision
3575	3577		(2).
3576	3578		SECTION 19.11. Section 13.2451(b-1), Water Code, is amended
3577	3579		to read as follows:
3578	3580		(b-1) Subsection (b) does not apply to an extension of
3579	3581		extraterritorial jurisdiction in a county that borders the United
3580	3582		Mexican States and the Gulf of America [Gulf of Mexico] or a county
3581	3583		adjacent to such a county.
3582	3584		SECTION 19.12. Section 13.254(a-9), Water Code, is amended
3583	3585		to read as follows:
3584	3586		(a-9) Subsection (a-8) does not apply to a county that
3585	3587		borders the United Mexican States and the Gulf of America [Gulf of
3586	3588		Mexico] or a county adjacent to a county that borders the United
3587	3589		Mexican States and the Gulf of America [Gulf of Mexico].
3588	3590		SECTION 19.13. Section 16.053(e), Water Code, is amended to
3589	3591		read as follows:
3590	3592		(e) Each regional water planning group shall submit to the
3591	3593		development board a regional water plan that:
3592	3594		(1) is consistent with the guidance principles for the
3593	3595		state water plan adopted by the development board under Section
3594	3596		16.051(d);
3595	3597		(2) provides information based on data provided or
3596	3598		approved by the development board in a format consistent with the
3597	3599		guidelines provided by the development board under Subsection (d);
3598	3600		(2-a) is consistent with the desired future conditions
3599	3601		adopted under Section 36.108 for the relevant aquifers located in
3600	3602		the regional water planning area as of the most recent deadline for
3601	3603		the board to adopt the state water plan under Section 16.051 or, at
3602	3604		the option of the regional water planning group, established
3603	3605		subsequent to the adoption of the most recent plan; provided,
3604	3606		however, that if no groundwater conservation district exists within
3605	3607		the area of the regional water planning group, the regional water
3606	3608		planning group shall determine the supply of groundwater for
3607	3609		regional planning purposes; the Texas Water Development Board shall
3608	3610		review and approve, prior to inclusion in the regional water plan,
3609	3611		that the groundwater supply for the regional planning group without
3610	3612		a groundwater conservation district in its area is physically
3611	3613		compatible, using the board's groundwater availability models,
3612	3614		with the desired future conditions adopted under Section 36.108 for
3613	3615		the relevant aquifers in the groundwater management area that are
3614	3616		regulated by groundwater conservation districts;
3615	3617		(3) identifies:
3616	3618		(A) each source of water supply in the regional
3617	3619		water planning area, including information supplied by the
3618	3620		executive administrator on the amount of modeled available
3619	3621		groundwater in accordance with the guidelines provided by the
3620	3622		development board under Subsections (d) and (f);
3621	3623		(B) factors specific to each source of water
3622	3624		supply to be considered in determining whether to initiate a
3623	3625		drought response;
3624	3626		(C) actions to be taken as part of the response;
3625	3627		(D) existing major water infrastructure
3626	3628		facilities that may be used for interconnections in the event of an
3627	3629		emergency shortage of water; and
3628	3630		(E) unnecessary or counterproductive variations
3629	3631		in specific drought response strategies, including outdoor
3630	3632		watering restrictions, among user groups in the regional water
3631	3633		planning area that may confuse the public or otherwise impede
3632	3634		drought response efforts;
3633	3635		(4) has specific provisions for water management
3634	3636		strategies to be used during a drought of record;
3635	3637		(5) includes but is not limited to consideration of
3636	3638		the following:
3637	3639		(A) any existing water or drought planning
3638	3640		efforts addressing all or a portion of the region and potential
3639	3641		impacts on public health, safety, or welfare in this state;
3640	3642		(B) approved groundwater conservation district
3641	3643		management plans and other plans submitted under Section 16.054;
3642	3644		(C) all potentially feasible water management
3643	3645		strategies, including but not limited to improved conservation,
3644	3646		reuse, and management of existing water supplies, conjunctive use,
3645	3647		acquisition of available existing water supplies, and development
3646	3648		of new water supplies;
3647	3649		(D) protection of existing water rights in the
3648	3650		region;
3649	3651		(E) opportunities for and the benefits of
3650	3652		developing regional water supply facilities or providing regional
3651	3653		management of water supply facilities;
3652	3654		(F) appropriate provision for environmental
3653	3655		water needs and for the effect of upstream development on the bays,
3654	3656		estuaries, and arms of the Gulf of America [Gulf of Mexico] and the
3655	3657		effect of plans on navigation;
3656	3658		(G) provisions in Section 11.085(k)(1) if
3657	3659		interbasin transfers are contemplated;
3658	3660		(H) voluntary transfer of water within the region
3659	3661		using, but not limited to, regional water banks, sales, leases,
3660	3662		options, subordination agreements, and financing agreements;
3661	3663		(I) emergency transfer of water under Section
3662	3664		11.139, including information on the part of each permit, certified
3663	3665		filing, or certificate of adjudication for nonmunicipal use in the
3664	3666		region that may be transferred without causing unreasonable damage
3665	3667		to the property of the nonmunicipal water rights holder; and
3666	3668		(J) opportunities for and the benefits of
3667	3669		developing large-scale desalination facilities for:
3668	3670		(i) marine seawater that serve local or
3669	3671		regional entities; and
3670	3672		(ii) brackish groundwater that serve local
3671	3673		or regional brackish groundwater production zones identified and
3672	3674		designated under Section 16.060(b)(5);
3673	3675		(6) identifies river and stream segments of unique
3674	3676		ecological value and sites of unique value for the construction of
3675	3677		reservoirs that the regional water planning group recommends for
3676	3678		protection under Section 16.051;
3677	3679		(7) assesses the impact of the plan on unique river and
3678	3680		stream segments identified in Subdivision (6) if the regional water
3679	3681		planning group or the legislature determines that a site of unique
3680	3682		ecological value exists;
3681	3683		(8) describes the impact of proposed water projects on
3682	3684		water quality;
3683	3685		(9) includes information on:
3684	3686		(A) projected water use and conservation in the
3685	3687		regional water planning area;
3686	3688		(B) the implementation of state and regional
3687	3689		water plan projects, including water conservation strategies,
3688	3690		necessary to meet the state's projected water demands; and
3689	3691		(C) the implementation of large projects,
3690	3692		including reservoirs, interstate water transfers, innovative
3691	3693		technology projects, desalination plants, and other large projects
3692	3694		as determined by the board, including information regarding:
3693	3695		(i) expenditures of sponsor money;
3694	3696		(ii) permit applications, including the
3695	3697		status of a permit application; and
3696	3698		(iii) status updates on the phase of
3697	3699		construction of a project;
3698	3700		(10) if the regional water planning area has
3699	3701		significant identified water needs, provides a specific assessment
3700	3702		of the potential for aquifer storage and recovery projects to meet
3701	3703		those needs;
3702	3704		(11) sets one or more specific goals for gallons of
3703	3705		water use per capita per day in each decade of the period covered by
3704	3706		the plan for the municipal water user groups in the regional water
3705	3707		planning area; and
3706	3708		(12) assesses the progress of the regional water
3707	3709		planning area in encouraging cooperation between water user groups
3708	3710		for the purpose of achieving economies of scale and otherwise
3709	3711		incentivizing strategies that benefit the entire region.
3710	3712		SECTION 19.14. Section 16.321, Water Code, is amended to
3711	3713		read as follows:
3712	3714		Sec. 16.321. COASTAL FLOODING. The Commissioner of the
3713	3715		General Land Office shall adopt and enforce reasonable rules and
3714	3716		regulations necessary for protection from flooding on barrier
3715	3717		islands, peninsulas, and mainland areas fronting on the Gulf of
3716	3718		America [Gulf of Mexico]. Rules and regulations adopted pursuant
3717	3719		to this section shall be limited to those matters that political
3718	3720		subdivisions are authorized to address under Section 16.315 of this
3719	3721		code. Except as otherwise provided by this section, all actions
3720	3722		taken by political subdivisions under Section 16.315 of this code
3721	3723		with respect to flooding on barrier islands, peninsulas, and
3722	3724		mainland areas fronting on the Gulf of America [Gulf of Mexico] must
3723	3725		comply with rules and regulations adopted by the commissioner under
3724	3726		this section. A political subdivision may adopt rules that are more
3725	3727		stringent than those adopted by the commissioner under this
3726	3728		section, provided the stricter provisions are intended to ensure
3727	3729		compliance with the National Flood Insurance Program's rules,
3728	3730		regulations, and policies.
3729	3731		SECTION 19.15. Section 18.001(2) Water Code, is amended to
3730	3732		read as follows:
3731	3733		(2) "Marine seawater" means water that is derived from
3732	3734		the Gulf of America [Gulf of Mexico].
3733	3735		SECTION 19.16. Section 18.003(i) Water Code, is amended to
3734	3736		read as follows:
3735	3737		(i) The Parks and Wildlife Department and the General Land
3736	3738		Office jointly shall conduct a study to identify zones in the Gulf
3737	3739		of America [Gulf of Mexico] that are appropriate for the diversion
3738	3740		of marine seawater, taking into account the need to protect marine
3739	3741		organisms. Not later than September 1, 2018, the Parks and Wildlife
3740	3742		Department and the General Land Office shall submit a report on the
3741	3743		results of the study to the commission. The report must include
3742	3744		recommended diversion zones for designation by the commission and
3743	3745		recommendations for the number of points from which, and the rate at
3744	3746		which, a facility may divert marine seawater. Not later than
3745	3747		September 1, 2020, the commission by rule shall designate
3746	3748		appropriate diversion zones. A diversion zone may be contiguous
3747	3749		to, be the same as, or overlap a discharge zone. The point or points
3748	3750		from which a facility may divert marine seawater must be located in
3749	3751		a diversion zone designated by the commission under rules adopted
3750	3752		under this subsection if:
3751	3753		(1) the facility is authorized by a permit as required
3752	3754		by Subsection (a) issued after the rules are adopted; or
3753	3755		(2) the facility is exempt under Subsection (b) from
3754	3756		the requirement of a permit and construction of the facility begins
3755	3757		after the rules are adopted.
3756	3758		SECTION 19.17. Sections 18.005(c), (d), and (g), Water
3757	3759		Code, are amended to read as follows:
3758	3760		(c) A person must obtain a permit to discharge:
3759	3761		(1) treated marine seawater into a natural stream in
3760	3762		this state or a lake, reservoir, or other impoundment in this state;
3761	3763		or
3762	3764		(2) waste resulting from the desalination of treated
3763	3765		marine seawater into the Gulf of America [Gulf of Mexico].
3764	3766		(d) A person shall:
3765	3767		(1) treat marine seawater so as to meet standards that
3766	3768		are at least as stringent as the water quality standards adopted by
3767	3769		the commission applicable to the receiving stream or impoundment
3768	3770		before discharging the seawater under this section; and
3769	3771		(2) comply with all applicable state and federal
3770	3772		requirements when discharging waste resulting from the
3771	3773		desalination of marine seawater into the Gulf of America [Gulf of
3772	3774		Mexico].
3773	3775		(g) The Parks and Wildlife Department and the General Land
3774	3776		Office jointly shall conduct a study to identify zones in the Gulf
3775	3777		of America [Gulf of Mexico] that are appropriate for the discharge
3776	3778		of waste resulting from the desalination of marine seawater, taking
3777	3779		into account the need to protect marine organisms. Not later than
3778	3780		September 1, 2018, the Parks and Wildlife Department and the
3779	3781		General Land Office shall submit a report on the results of the
3780	3782		study to the commission. The report must include recommended
3781	3783		discharge zones for designation by the commission. Not later than
3782	3784		September 1, 2020, the commission by rule shall designate
3783	3785		appropriate discharge zones. The point at which a facility may
3784	3786		discharge waste resulting from the desalination of marine seawater
3785	3787		must be located in a discharge zone designated by the commission
3786	3788		under rules adopted under this subsection if the facility is
3787	3789		authorized by a permit issued under Subsection (c)(2) after the
3788	3790		rules are adopted.
3789	3791		SECTION 19.18. Section 26.001(5), Water Code, is amended to
3790	3792		read as follows:
3791	3793		(5) "Water" or "water in the state" means groundwater,
3792	3794		percolating or otherwise, lakes, bays, ponds, impounding
3793	3795		reservoirs, springs, rivers, streams, creeks, estuaries, wetlands,
3794	3796		marshes, inlets, canals, the Gulf of America [Gulf of Mexico],
3795	3797		inside the territorial limits of the state, and all other bodies of
3796	3798		surface water, natural or artificial, inland or coastal, fresh or
3797	3799		salt, navigable or nonnavigable, and including the beds and banks
3798	3800		of all watercourses and bodies of surface water, that are wholly or
3799	3801		partially inside or bordering the state or inside the jurisdiction
3800	3802		of the state.
3801	3803		SECTION 19.19. Sections 26.0272(b) and (c), Water Code, are
3802	3804		amended to read as follows:
3803	3805		(b) The commission may issue a permit for the discharge of
3804	3806		water treatment residuals from the desalination of seawater into
3805	3807		the portion of the Gulf of America [Gulf of Mexico] inside the
3806	3808		territorial limits of the state.
3807	3809		(c) Before issuing a permit under this section, the
3808	3810		commission must evaluate the discharge of water treatment residuals
3809	3811		from the desalination of seawater into the Gulf of America [Gulf of
3810	3812		Mexico] for compliance with the state water quality standards
3811	3813		adopted by the commission, the requirements of the Texas Pollutant
3812	3814		Discharge Elimination System program, and applicable federal law.
3813	3815		SECTION 19.20. Section 26.044(a)(4), Water Code, is amended
3814	3816		to read as follows:
3815	3817		(4) "Surface water in the state" means all lakes,
3816	3818		bays, ponds, impounding reservoirs, springs, rivers, streams,
3817	3819		creeks, estuaries, marshes, inlets, canals, the Gulf of America
3818	3820		[Gulf of Mexico] out three nautical miles into the Gulf, and all
3819	3821		other bodies of surface water, natural or artificial, inland or
3820	3822		coastal, fresh or salt, navigable or nonnavigable, and including
3821	3823		the beds and banks of all watercourses and bodies of surface water,
3822	3824		that are wholly or partially inside or bordering the state or inside
3823	3825		the jurisdiction of the state, except waters beyond three nautical
3824	3826		miles of any shore in the state.
3825	3827		SECTION 19.21. Section 27.040, Water Code, is amended to
3826	3828		read as follows:
3827	3829		Sec. 27.040. DEFINITION. In this subchapter, "offshore"
3828	3830		means the area in the Gulf of America [Gulf of Mexico] seaward of
3829	3831		the coast that is within three marine leagues of the coast.
3830	3832		SECTION 19.22. Section 28.001(4), Water Code, is amended to
3831	3833		read as follows:
3832	3834		(4) "Water" or "water in the state" means groundwater,
3833	3835		percolating or otherwise, lakes, bays, ponds, impounding
3834	3836		reservoirs, springs, rivers, streams, creeks, estuaries, marshes,
3835	3837		inlets, canals, the Gulf of America [Gulf of Mexico] inside the
3836	3838		territorial limits of the state, and all other bodies of natural and
3837	3839		artificial surface water that is inland or coastal, fresh or salt,
3838	3840		and navigable or nonnavigable, and includes the beds and banks of
3839	3841		all watercourses and bodies of surface water, that are wholly or
3840	3842		partially inside or bordering the state or inside the jurisdiction
3841	3843		of the state.
3842	3844		SECTION 19.23. Section 31.001(11), Water Code, is amended
3843	3845		to read as follows:
3844	3846		(11) "Water" or "water in the state" means
3845	3847		groundwater, percolating or otherwise, lakes, bays, ponds,
3846	3848		impounding reservoirs, springs, rivers, streams, creeks,
3847	3849		estuaries, marshes, inlets, canals, the Gulf of America [Gulf of
3848	3850		Mexico] inside the territorial limits of the state, and all other
3849	3851		bodies of natural and artificial surface water that are inland or
3850	3852		coastal, fresh or salt, and navigable or nonnavigable and includes
3851	3853		the beds and banks of all watercourses and bodies of surface water
3852	3854		that are wholly or partially inside or bordering the state or inside
3853	3855		the jurisdiction of the state.
3854	3856		SECTION 19.24. Section 36.001(23), Water Code, is amended
3855	3857		to read as follows:
3856	3858		(23) "River basin" means a river or coastal basin
3857	3859		designated as a river basin by the board under Section 16.051. The
3858	3860		term does not include waters of the bays or arms originating in the
3859	3861		Gulf of America [Gulf of Mexico].
3860	3862		SECTION 19.25. Section 49.2127(b), Water Code, is amended
3861	3863		to read as follows:
3862	3864		(b) This section applies only to a district whose territory
3863	3865		is located wholly or partly in a county:
3864	3866		(1) located on the Gulf of America [Gulf of Mexico] and
3865	3867		an international border; or
3866	3868		(2) adjacent to a county described by Subdivision (1).
3867	3869		SECTION 19.26. Section 49.502, Water Code, is amended to
3868	3870		read as follows:
3869	3871		Sec. 49.502. APPLICABILITY. This subchapter applies only
3870	3872		to a district, other than a drainage district, located wholly or
3871	3873		partly in a county:
3872	3874		(1) that borders the Gulf of America [Gulf of Mexico]
3873	3875		and the United Mexican States; or
3874	3876		(2) that is adjacent to a county described by
3875	3877		Subdivision (1).
3876	3878		SECTION 19.27. Section 54.235, Water Code, is amended to
3877	3879		read as follows:
3878	3880		Sec. 54.235. AUTHORITY TO CONTRACT. Any district created
3879	3881		by general law or special act of the legislature in existence for at
3880	3882		least 10 years which lies within a county that borders on the Gulf
3881	3883		of America [Gulf of Mexico] and that has a population of 190,000 and
3882	3884		which has the powers of this chapter and which also has or is
3883	3885		authorized to acquire road utility district powers pursuant to
3884	3886		Section 54.234, of this code, may contract with the county within
3885	3887		which it is located with respect to the ownership, maintenance, and
3886	3888		operation of any facilities or improvements which such district is
3887	3889		authorized or may be authorized to acquire by purchase, gift,
3888	3890		lease, or otherwise, except by condemnation, any and all property
3889	3891		or interests in property, whether real, personal, or mixed,
3890	3892		tangible or intangible, located inside or outside such county, that
3891	3893		are found to be necessary for such improvements or facilities. Such
3892	3894		county may enter into contracts with such districts as permitted by
3893	3895		this section for any term of years not exceeding 40 for the
3894	3896		management and operation of any or all of such property and
3895	3897		interests in property on such terms as the commissioners court of
3896	3898		such county deems appropriate.
3897	3899		SECTION 19.28. Section 60.039(c), Water Code, is amended to
3898	3900		read as follows:
3899	3901		(c) This subsection applies only to a district that operates
3900	3902		a port in this state that is wholly located in a county that borders
3901	3903		the Gulf of America [Gulf of Mexico] and that is adjacent to a
3902	3904		county that contains an international border and borders the Gulf
3903	3905		of America [Gulf of Mexico]. The district may lease the surface of
3904	3906		land for not more than 99 years or may extend a lease to a period not
3905	3907		to exceed 99 years only if:
3906	3908		(1) the lease conveys an interest in the surface of the
3907	3909		land for residential purposes only;
3908	3910		(2) at the time the lease will be entered into or
3909	3911		extended, the district has not less than 50 leases in effect that
3910	3912		convey an interest in the land surface for residential purposes
3911	3913		only; and
3912	3914		(3) any part of the land owned by the district is
3913	3915		subdivided into lots intended for residential use.
3914	3916		SECTION 19.29. Section 61.151(a), Water Code, is amended to
3915	3917		read as follows:
3916	3918		(a) A district created for the development of deep-water
3917	3919		navigation which includes a city with a population of more than
3918	3920		100,000, according to the last preceding federal census, may
3919	3921		operate and develop ports and waterways inside the district and
3920	3922		extending to the Gulf of America [Gulf of Mexico].
3921	3923		SECTION 19.30. Section 63.156(a), Water Code, is amended to
3922	3924		read as follows:
3923	3925		(a) The district may exercise the power of eminent domain to
3924	3926		condemn and acquire the right-of-way over and through any public or
3925	3927		private land necessary to improve any river, bay, creek, or arm of
3926	3928		the Gulf of America [Gulf of Mexico] for the construction and
3927	3929		maintenance of any canal or waterway and for any other purpose
3928	3930		authorized by this chapter.
3929	3931		SECTION 19.31. Section 63.157, Water Code, is amended to
3930	3932		read as follows:
3931	3933		Sec. 63.157. AUTHORITY OVER IMPROVEMENTS. A district may
3932	3934		acquire, purchase, take over, construct, maintain, operate,
3933	3935		develop, and regulate wharves, docks, warehouses, grain elevators,
3934	3936		bunkering facilities, belt railroads, floating plants, literage,
3935	3937		lands, towing facilities, and all other facilities or aids incident
3936	3938		to or necessary to the operation or development of ports or
3937	3939		waterways inside the district extending to the Gulf of America
3938	3940		[Gulf of Mexico].
3939	3941		ARTICLE 20. EFFECTIVE DATE
3940	3942		SECTION 20.01. This Act takes effect immediately if it
3941	3943		receives a vote of two-thirds of all members elected to each house,
3942	3944		as provided by Section 39, Article III, Texas Constitution. If this
3943	3945		Act does not receive the vote necessary for immediate effect, this
3944	3946		Act takes effect on September 1, 2025.
3945	3947
3946	3948
3947	3949
	3950	+
	3951	+
	3952	+
	3953	+
3948	3954		__ Range __ Oven __ Microwave
3949	3955
	3956	+
	3957	+
3950	3958		__ Dishwasher __ Trash Compactor __ Disposal
3951	3959
	3960	+
	3961	+
3952	3962		__ Washer/Dryer __ Window __ Rain Gutters
3953	3963
	3964	+
	3965	+
3954	3966		Hookups Screens
3955	3967
	3968	+
	3969	+
3956	3970		__ Security __ Fire Detection __ Intercom
3957	3971
	3972	+
	3973	+
3958	3974		System Equipment System
3959	3975
	3976	+
	3977	+
3960	3978		__ Smoke Detector
3961	3979
	3980	+
	3981	+
3962	3982		__ Smoke Detector -
3963	3983
	3984	+
	3985	+
3964	3986		Hearing Impaired
3965	3987
	3988	+
	3989	+
3966	3990		__ Carbon Monoxide
3967	3991
	3992	+
	3993	+
3968	3994		Alarm
3969	3995
	3996	+
	3997	+
3970	3998		__ Emergency Escape
3971	3999
	4000	+
	4001	+
3972	4002		Ladder(s)
3973	4003
	4004	+
	4005	+
3974	4006		__ TV Antenna __ Cable TV __ Satellite
3975	4007
	4008	+
	4009	+
3976	4010		Wiring Dish
3977	4011
	4012	+
	4013	+
3978	4014		__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
3979	4015
	4016	+
	4017	+
3980	4018		Fan(s)
3981	4019
	4020	+
	4021	+
3982	4022		__ Central A/C __ Central Heating __ Wall/Window
3983	4023
	4024	+
	4025	+
3984	4026		Air
3985	4027
	4028	+
	4029	+
3986	4030		Conditioning
3987	4031
	4032	+
	4033	+
3988	4034		__ Plumbing System __ Septic System __ Public Sewer
3989	4035
	4036	+
	4037	+
3990	4038		System
3991	4039
	4040	+
	4041	+
3992	4042		__ Patio/Decking __ Outdoor Grill __ Fences
3993	4043
	4044	+
	4045	+
3994	4046		__ Pool __ Sauna __ Spa
3995	4047
	4048	+
	4049	+
3996	4050		__ Hot Tub
3997	4051
	4052	+
	4053	+
3998	4054		__ Pool Equipment __ Pool Heater __ Automatic Lawn
3999	4055
	4056	+
	4057	+
4000	4058		Sprinkler
4001	4059
	4060	+
	4061	+
4002	4062		System
4003	4063
	4064	+
	4065	+
4004	4066		__ Fireplace(s) & __ Fireplace(s) &
4005	4067
	4068	+
	4069	+
4006	4070		Chimney Chimney
4007	4071
	4072	+
	4073	+
4008	4074		(Woodburning) (Mock)
4009	4075
	4076	+
	4077	+
4010	4078		__ Natural Gas Lines __ Gas Fixtures
4011	4079
	4080	+
	4081	+
4012	4082		__ Liquid Propane Gas: __ LP Community __ LP on Property
4013	4083
	4084	+
	4085	+
4014	4086		(Captive)
4015	4087
	4088	+
	4089	+
4016	4090		__ Fuel Gas Piping: __ Black Iron Pipe __ Corrugated
4017	4091
	4092	+
	4093	+
4018	4094		__ Copper __ Stainless Steel
4019	4095
	4096	+
	4097	+
4020	4098		__ Tubing
4021	4099
	4100	+
	4101	+
4022	4102		Garage: __ Attached __ Not Attached __ Carport
4023	4103
	4104	+
	4105	+
4024	4106		Garage Door Opener(s): __ Electronic __ Control(s)
4025	4107
	4108	+
	4109	+
4026	4110		Water Heater: __ Gas __ Electric
4027	4111
	4112	+
	4113	+
4028	4114		Water Supply: __ City __ Well __ MUD __ Co-op
4029	4115
4030	4116
4031	4117
	4118	+
	4119	+
	4120	+
	4121	+
4032	4122		__ Interior Walls __ Ceilings __ Floors
4033	4123
	4124	+
	4125	+
4034	4126		__ Exterior Walls __ Doors __ Windows
4035	4127
	4128	+
	4129	+
4036	4130		__ Roof __ Foundation/ __ Basement
4037	4131
	4132	+
	4133	+
4038	4134		Slab(s)
4039	4135
	4136	+
	4137	+
4040	4138		__ Walls/Fences __ Driveways __ Sidewalks
4041	4139
	4140	+
	4141	+
4042	4142		__ Plumbing/Sewers/ __ Electrical __ Lighting
4043	4143
	4144	+
	4145	+
4044	4146		Septics Systems Fixtures
4045	4147
4046	4148
4047	4149
	4150	+
	4151	+
	4152	+
	4153	+
4048	4154		__ Active Termites __ Previous Structural
4049	4155
	4156	+
	4157	+
4050	4158		(includes or Roof Repair
4051	4159
	4160	+
	4161	+
4052	4162		wood-destroying insects)
4053	4163
	4164	+
	4165	+
4054	4166		__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
4055	4167
	4168	+
	4169	+
4056	4170		Needing Repair
4057	4171
	4172	+
	4173	+
4058	4174		__ Previous Termite Damage __ Asbestos Components
4059	4175
	4176	+
	4177	+
4060	4178		__ Previous Termite __ Urea formaldehyde
4061	4179
	4180	+
	4181	+
4062	4182		Treatment Insulation
4063	4183
	4184	+
	4185	+
4064	4186		__ Radon Gas
4065	4187
	4188	+
	4189	+
4066	4190		__ Improper Drainage __ Lead Based Paint
4067	4191
	4192	+
	4193	+
4068	4194		__ Water Damage Not Due to a __ Aluminum Wiring
4069	4195
	4196	+
	4197	+
4070	4198		__ Flood Event
4071	4199
	4200	+
	4201	+
4072	4202		__ Previous Fires
4073	4203
4074	4204
4075	4205
	4206	+
	4207	+
	4208	+
	4209	+
4076	4210		__ Unplatted Easements
4077	4211
4078	4212
4079	4213
	4214	+
	4215	+
	4216	+
	4217	+
4080	4218		__ Landfill, Settling, Soil __ Subsurface
4081	4219
	4220	+
	4221	+
4082	4222		Movement, Fault Lines Structure or Pits
4083	4223
	4224	+
	4225	+
4084	4226		__ Single Blockable Main __ Previous Use of Premises
4085	4227
	4228	+
	4229	+
4086	4230		Drain in Pool/Hot for Manufacture of
4087	4231
	4232	+
	4233	+
4088	4234		Tub/Spa* Methamphetamine
4089	4235
4090	4236
4091	4237
	4238	+
	4239	+
	4240	+
	4241	+
4092	4242		__ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
4093	4243
	4244	+
	4245	+
4094	4246		__ Homeowners' Association or maintenance fees or assessments.
4095	4247
	4248	+
	4249	+
4096	4250		__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
4097	4251
	4252	+
	4253	+
4098	4254		__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
4099	4255
	4256	+
	4257	+
4100	4258		__ Any lawsuits directly or indirectly affecting the Property.
4101	4259
	4260	+
	4261	+
4102	4262		__ Any condition on the Property which materially affects the physical health or safety of an individual.
4103	4263
	4264	+
	4265	+
4104	4266		__ Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source.
4105	4267
	4268	+
	4269	+
4106	4270		__ Any portion of the property that is located in a groundwater conservation district or a subsidence district.
4107	4271
	4272	+
	4273	+
4108	4274		Florida $3,500.00
4109	4275
	4276	+
	4277	+
4110	4278		Alabama 1,000.00
4111	4279
	4280	+
	4281	+
4112	4282		Mississippi 1,000.00
4113	4283
	4284	+
	4285	+
4114	4286		Louisiana 5,000.00
4115	4287
	4288	+
	4289	+
4116	4290		Texas 2,500.00
	4291	+
	4292	+
4117	4293
4118	4294		Total $13,000.00