By: Cain H.B. No. 2246
A BILL TO BE ENTITLED
AN ACT
relating to the terminology used in statute to refer to the
partially landlocked body of water on the southeastern periphery of
the North American continent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GULF OF AMERICA STATUTORY LANGUAGE INITIATIVE
SECTION 1.01. Subtitle D, Title 4, Government Code, is
amended by adding Chapter 452 to read as follows:
CHAPTER 452. GULF OF AMERICA STATUTORY LANGUAGE INITIATIVE
Sec. 452.001. FINDINGS AND INTENT. The legislature finds
that language used in reference to the partially landlocked body of
water on the southeastern periphery of the North American
continent, commonly referred to as the "Gulf of Mexico" is
inaccurate and outdated. It is the intent of the legislature to
establish preferred terminology for new and revised laws by
requiring the use of language that accurately describes this region
of the North American continent.
Sec. 452.002. USE OF GULF OF AMERICA STATUTORY LANGUAGE
REQUIRED. (a) The legislature and the Texas Legislative Council
are directed to avoid using the term "Gulf of Mexico" in any new
statute or resolution as sections including as sections including
that term are otherwise amended by law.
(b) In enacting or revising statutes or resolutions, the
legislature and the Texas Legislative Council are directed to
replace, as appropriate, the term "Gulf of Mexico" with the term
"Gulf of America."
SECTION 1.02. Chapter 325, Government Code, is amended by
adding Sections 325.0128 and 325.0129 to read as follows:
Sec. 325.0128. REVIEW OF AGENCIES FOR USE OF GULF OF AMERICA
STATUTORY LANGUAGE. (a) As part of its review of a state agency,
the commission shall consider and make recommendations regarding
the statutory and regulatory revisions necessary to use the phrase
"Gulf of America" instead of "Gulf of Mexico."
(b) As part of its review of an agency, the commission shall
consider and recommend, as appropriate, statutory revisions in
accordance with the Gulf of America statutory language initiative
under Chapter 452.
Sec. 325.0129. GULF OF AMERICA STATUTORY LANGUAGE
PROMOTION. The executive commissioner of each state agency or
commission shall ensure that the agency or commission use the term
listed as preferred under the Gulf of America statutory language
initiative in Chapter 452 when proposing, adopting, or amending the
commission's or agency's rules, reference materials, publications,
and electronic media.
ARTICLE 2. AGRICULTURE CODE PROVISIONS
SECTION 2.01. Section 47.051(2), Agriculture Code, is
amended to read as follows:
(2) "Coastal waters" means all the salt water of the
state, including the portion of the Gulf of America [Gulf of Mexico]
that is within the jurisdiction of the state.
ARTICLE 3. ALCOHOLIC BEVERAGE CODE PROVISIONS
SECTION 3.01. Section 251.742(b), Alcoholic Beverage Code,
is amended to read as follows:
(b) This section applies only to a municipality that:
(1) has a population of 15,000 or more; and
(2) is located in two counties one of which:
(A) has a population of 340,000 or more;
(B) contains a municipality in which at least 85
percent of the county's population resides; and
(C) borders the Gulf of America [Gulf of Mexico].
ARTICLE 4. CIVIL PRACTICE AND REMEDIES CODE PROVISIONS
SECTION 4.01. Section 15.0181(a)(5), Civil Practice and
Remedies Code, is amended to read as follows:
(5) "Inland waters" means the navigable waters
shoreward of the navigational demarcation lines dividing the high
seas from harbors, rivers, the Gulf Intracoastal Waterway, and
other inland waters of Texas, Louisiana, Mississippi, Alabama,
Arkansas, Tennessee, Missouri, Illinois, Kentucky, or Indiana or of
Florida along the Gulf of America [Gulf of Mexico] shoreline of
Florida from the Florida-Alabama border down to and including the
shoreline of Key West, Florida. The term does not include the Great
Lakes.
SECTION 4.02. Section 18.033(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) In a dispute between the State of Texas and an upland
owner of property fronting on the Gulf of America [Gulf of Mexico]
and the arms of the Gulf of America [Gulf of Mexico] within the
boundaries of the State of Texas, the maps, surveys, and property
descriptions filed in the General Land Office in connection with
any conveyance by the state or any predecessor government by
patent, deed, lease, or other authorized forms of grant shall be
presumed to accurately depict the boundary between adjacent upland
owners and the state-owned submerged lands.
SECTION 4.03. Section 21.021, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 21.021. APPLICATION. This subchapter applies to a
county that:
(1) is part of two or more judicial districts, that has
two or more district courts with regular terms, and that is part of
a district in which a county borders on the international boundary
of the United States and the Republic of Mexico;
(2) borders on the international boundary of the
United States and the Republic of Mexico and that is in a judicial
district composed of four counties;
(3) borders on the international boundary of the
United States and the Republic of Mexico and that has three or more
district courts or judicial districts wholly within the county; or
(4) borders on the Gulf of America [Gulf of Mexico] and
that has four or more district courts or judicial districts of which
two or more courts or districts are wholly within the county.
SECTION 4.04. Section 78.052, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 78.052. APPLICABILITY OF SUBCHAPTER: MARINE FIRE
EMERGENCY. This subchapter applies only to damages for personal
injury, death, or property damage arising from an error or omission
of:
(1) a nonprofit fire department providing services to
respond to marine fire emergencies under contract to a governmental
unit, if the error or omission occurs in responding to a marine fire
emergency:
(A) on the navigable waters of this state;
(B) in any place into which a vessel enters or
from which a vessel departs the waterway leading to that place from
the Gulf of America [Gulf of Mexico] or the Gulf Intracoastal
Waterway;
(C) on property owned or under the control of the
governmental unit; or
(D) at the request of the governmental unit in
the interest of public safety; or
(2) a fire fighter providing services described by
Subdivision (1).
ARTICLE 5. VERNON'S CIVIL STATUTES PROVISIONS
SECTION 5.01. Section 1, Chapter 311 (H.B. 558), Acts of the
55th Legislature, Regular Session, 1955 (Article 5421b-1, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1. All or any part of the Public Lands belonging to the
State situated in and under the bed of Caddo Lake and the
tributaries thereto and all or any part of such lands adjacent
thereto shall be subject to lease for mineral development by the
Commissioner of the General Land Office to any person, firm or
corporation in accordance with the provisions of existing or future
laws pertaining to the leasing and development of all islands,
salt-water lakes, bays, inlets, marshes and reefs, owned by the
State within tidewater limits, and that portion of the Gulf of
America [Gulf of Mexico] within the jurisdiction of Texas, and all
unsold public free school land, both surveyed and unsurveyed, in so
far as same are not in conflict herewith.
SECTION 5.02. Section 1, Chapter 10 (H.B. 134), Acts of the
47th Legislature, Regular Session, 1941 (Article 5421c-4, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1. The School Land Board, created by House Bill No. 9
of the Forty-sixth Legislature (being Title: Public Lands, Chapter
3, of the General Laws of the Forty-sixth Legislature, 1939,) is
hereby authorized to grant and issue easements or surface leases to
the United States of America in accordance with the conditions
hereinafter set out, on any island, salt water lake, bay, inlet, or
marsh within tidewater limits, and that portion of the Gulf of
America [Gulf of Mexico] within the jurisdiction of the State of
Texas, to be used exclusively for any purpose essential to the
National Defense.
SECTION 5.03. Section 1, Chapter 287 (S.B. 454), Acts of the
47th Legislature, Regular Session, 1941 (Article 5366a, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1. In each case in which an oil and gas mineral lease
has heretofore been granted or may hereafter be granted by the State
of Texas on an area covered by the coastal waters of the State or
within the Gulf of America [Gulf of Mexico] and in which the War
Department of the United State refuses to grant a permit to the
lessee or owner of such lease to drill a well thereon for oil, gas or
other minerals (the area included in such lease being within the
navigable waters of the United States) and in the event the primary
term of such lease should expire during the period of time in which
the War Department of the United States may continue to refuse to
issue such permit, then and in such event the primary term of such
lease is hereby extended for successive periods of one (1) year from
and after the end of the original primary term of such lease while
and so long as the War Department may continue such refusal to issue
to the lessee or to the owner of such lease a permit to drill for
oil, gas or other minerals, on the area covered thereby; provided,
that in order to make such extensions effectual the lessee or the
owner of such lease shall, during each of the annual periods during
which the primary term of the lease is so extended, apply to and
seek to obtain from the War Department a permit to drill a well for
oil, gas or other minerals on the area covered by such lease and be
unsuccessful in its attempts to obtain a permit, or, if successful
in obtaining a permit, commence operations for drilling a well upon
the leased premises within sixty (60) days after obtaining such
permit; and provided further that the lessee or the owner of such
lease continues to pay the annual renewal rentals at the rate
provided for in such lease for the period of time involved in such
extensions. Should such lease be so extended and should the War
Department at any time while such lease is still in force and effect
issue a permit to the lessee or to the owner of such lease to drill a
well thereon for oil, gas or other minerals, such lease shall
continue in force and effect if the lessee commences drilling
operations upon the leased premises within sixty (60) days after
obtaining such permit, and so long as the lessee or the owner of
such lease shall continue to conduct drilling or mining operations
thereon, or if oil, gas or other mineral be discovered thereon by
the lessee or the owner of such lease, so long as oil, gas or other
mineral is produced from such leased premises. Should the
production of oil, gas or other mineral on said leased premises
after once secured, cease from any cause, such lease shall not
terminate if the lessee or owner of such lease commences additional
drilling, reworking or mining operations within thirty (30) days
thereafter or if it be within the original primary term of such
lease, commences or resumes the payment or tender of rental on or
before the rental paying date, if any, next ensuing; but if there be
no rental paying date next ensuing, the lease shall in no event
terminate prior to the expiration of the primary term.
SECTION 5.04. Section 1, Chapter 314 (S.B. 326), Acts of the
56th Legislature, Regular Session, 1959 (Article 5337-2, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1. The Commissioner of the General Land Office is
hereby authorized and empowered, acting for and on behalf of the
State of Texas, to execute any and all grants of easements in, on,
and across all unsold Public Free School Lands, and in, on, and
across all islands, salt water lakes, bays, inlets, marshes, and
reefs owned by the state within the tidewater limits, and in, on,
and across that portion of the Gulf of America [Gulf of Mexico]
within the jurisdiction of Texas, to Nueces County Water Control
and Improvement District Number 4 for right-of-ways for pipe lines
and for the installation of all works, facilities, and appliances,
in any and all manners incident to, helpful or necessary for
securing, storing, processing, treating, transporting, and selling
an adequate supply of fresh water; provided, however, said Nueces
County Water Control and Improvement District Number 4 shall pay
the sum of Ten Dollars ($10.00) as consideration for the granting of
each easement.
ARTICLE 6. EDUCATION CODE PROVISIONS
SECTION 6.01. Section 155.001(2), Education Code, is
amended to read as follows:
(2) "Commission" means the regional planning
commission, council of governments, or similar regional planning
agency created under Chapter 391, Local Government Code, whose
membership includes the most populous county that borders on the
Gulf of America [Gulf of Mexico] or on a bay or inlet of the Gulf of
America [Gulf of Mexico].
SECTION 6.02. Section 155.003(c), Education Code, is
amended to read as follows:
(c) The commission and advisory committee may cooperate,
coordinate, and share information with a governmental entity or
postsecondary educational institution in another state that
borders the Gulf of America [Gulf of Mexico].
ARTICLE 7. FAMILY CODE PROVISIONS
SECTION 7.01. Section 107.106(a), Family Code, is amended
to read as follows:
(a) This section applies only to a county:
(1) with a population of less than 500,000;
(2) that is contiguous to the Gulf of America [Gulf of
Mexico] or a bay or inlet opening into the gulf and that borders the
United Mexican States; or
(3) that borders a county described by Subdivision
(2).
ARTICLE 8. GOVERNMENT CODE PROVISIONS
SECTION 8.01. Section 490I,0110(b), Government Code, is
amended to read as follows:
(b) The broadband development office board of advisors is
composed of 10 members, appointed as follows:
(1) two members appointed by the governor, including:
(A) one member to represent the Texas Economic
Development and Tourism Office; and
(B) one member of the public with experience in
telecommunications or broadband service;
(2) three members appointed by the lieutenant
governor, including:
(A) one member who resides in an urban area;
(B) one member to represent the public primary
and secondary education community; and
(C) one member who resides in a county that:
(i) is adjacent to an international border;
(ii) is located not more than 150 miles from
the Gulf of America [Gulf of Mexico]; and
(iii) has a population of more than 60,000;
(3) three members appointed by the speaker of the
house of representatives, including:
(A) one member who resides in a rural area;
(B) one member to represent the health and
telemedicine industry; and
(C) one member to represent the public higher
education community;
(4) the comptroller or the comptroller's designee; and
(5) one nonvoting member appointed by the broadband
development office to represent the office.
SECTION 8.02. Section 1431.015(b), Government Code, is
amended to read as follows:
(b) Notwithstanding any other provision of this chapter or a
rating requirement prescribed by Chapter 1371, an issuer located
within 70 miles of the Gulf of America [Gulf of Mexico] or of a bay
or inlet of the gulf may authorize the issuance of an anticipation
note or other obligation in the event of an emergency. An
anticipation note or other obligation issued under this section is
an obligation under Chapter 1371, but is not required to be rated as
required by that chapter.
SECTION 8.03. Section 1475.051, Government Code, is amended
to read as follows:
Sec. 1475.051. APPLICABILITY OF SUBCHAPTER. This
subchapter applies only to a county adjacent to the Gulf of America
[Gulf of Mexico].
SECTION 8.04. Section 1478.001, Government Code, is amended
to read as follows:
Sec. 1478.001. APPLICABILITY OF CHAPTER. This chapter
applies only to a county that:
(1) is located on the Gulf of America [Gulf of Mexico];
and
(2) has within its boundaries an island susceptible to
development for recreational purposes for the use and benefit of
the residents of the county.
SECTION 8.05. Section 1502.057(c), Government Code, is
amended to read as follows:
(c) The board of trustees having management and control of a
utility system located in a county contiguous to the Gulf of America
[Gulf of Mexico] and bordering the United Mexican States may impose
and collect the charges authorized under this section for services
provided by the utility system.
SECTION 8.06. Section 1502.070(a), Government Code, is
amended to read as follows:
(a) Management and control of a utility system may be vested
in:
(1) the municipality's governing body; or
(2) a board of trustees named in the proceedings
adopted by the municipality and consisting of not more than:
(A) five members, one of whom must be the mayor of
the municipality;
(B) seven members, one of whom must be the mayor
of the municipality, if the municipality is located in a county
that:
(i) contains a municipality with a
population of at least 500,000; and
(ii) is located on an international border;
or
(C) seven members, one of whom must be the mayor
of the municipality, if the municipality is located in a county:
(i) with a population of at least 375,000;
(ii) that is located on an international
border; and
(iii) that borders the Gulf of America
[Gulf of Mexico].
SECTION 8.07. The heading to Subchapter A, Chapter 1505,
Government Code, is amended to read as follows:
SUBCHAPTER A. BONDS FOR HARBOR IMPROVEMENTS IN MUNICIPALITIES
BORDERING GULF OF AMERICA [GULF OF MEXICO]
SECTION 8.08. Section 1505.001, Government Code, is amended
to read as follows:
Sec. 1505.001. APPLICABILITY OF SUBCHAPTER. This
subchapter applies only to a municipality that borders the Gulf of
America [Gulf of Mexico].
SECTION 8.09. Section 1505.053, Government Code, is amended
to read as follows:
Sec. 1505.053. AUTHORITY FOR NAVIGATIONAL FACILITIES. A
municipality may:
(1) own, purchase, construct, operate, improve,
enlarge, repair, or maintain a bridge over or across any stream,
inlet, or arm of the Gulf of America [Gulf of Mexico] or entrance
canal to the deepwater port of the municipality that connects any of
the public streets, highways, or thoroughfares of the municipality;
(2) own, purchase, construct, repair, maintain,
operate, or lease:
(A) a wharf, pier, pavilion, or boathouse; or
(B) a dam, dyke, or spillway with a road or bridge
on or over it to create a freshwater supply basin for domestic,
irrigation, and other purposes in the navigation district in which
the municipality is located or in a county adjacent to the
freshwater basin;
(3) acquire, reclaim, reconstruct, or fill in any
submerged land along the waterfront of the municipality and
construct, operate, or maintain a water main, gas main, storm
sewer, sanitary sewer, sidewalk, street, or similar improvement in
connection with that land;
(4) construct a seawall, breakwater, or other shore
protection to protect the waterfront of the municipality; and
(5) construct, reconstruct, maintain, operate, or
dredge a channel in connection with a deepwater port in aid of
navigation within the municipality.
SECTION 8.10. Section 1505.102(1), Government Code, is
amended to read as follows:
(1) "Bridge or tunnel" means a bridge over, or a tube,
underpass, or tunnel under, any stream, inlet, or arm of the Gulf of
America [Gulf of Mexico] or entrance channel to the deepwater port
of a municipality that connects any public streets or thoroughfares
of, in, or to the municipality.
SECTION 8.11. Section 1505.201, Government Code, is amended
to read as follows:
Sec. 1505.201. APPLICABILITY OF SUBCHAPTER. This
subchapter applies only to a municipality that:
(1) has a population of less than 12,000; and
(2) is located on the Gulf of America [Gulf of Mexico]
or a channel, canal, bay, or inlet connected with that gulf.
SECTION 8.12. Section 1506.101, Government Code, is amended
to read as follows:
Sec. 1506.101. APPLICABILITY OF SUBCHAPTER. This
subchapter applies only to a municipality that:
(1) is located on the Gulf of America [Gulf of Mexico]
or on a channel, canal, bay, or inlet connected to the Gulf of
America [Gulf of Mexico]; and
(2) has a population of:
(A) more than 53,000 and less than 84,000; or
(B) more than 115,000 and less than 160,000.
SECTION 8.13. Section 1505.251, Government Code, is amended
to read as follows:
Sec. 1505.251. APPLICABILITY OF SUBCHAPTER. This
subchapter applies only to a general-law municipality that:
(1) has a population of 5,000 or less; and
(2) is located on the Gulf of America [Gulf of Mexico]
or a channel, canal, bay, or inlet connected with that gulf.
SECTION 8.14. Section 2204.301, Government Code, is amended
to read as follows:
Sec. 2204.301. GRANT TO UNITED STATES. The governor may
grant to the United States in accordance with this subchapter those
portions of the beds and banks of the Pecos and Devils rivers in Val
Verde County and of the Rio Grande in Brewster, Cameron, Hidalgo,
Hudspeth, Jeff Davis, Kinney, Maverick, Presidio, Starr, Terrell,
Val Verde, Webb, and Zapata counties:
(1) for which title is vested in this state; and
(2) that may be necessary or expedient in the
construction and use of the storage and flood control dams and their
resultant reservoirs, diversion works, and appurtenances provided
for in the Treaty Relating to the Utilization of the Waters of the
Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from
Fort Quitman, Texas, to the Gulf of America [Gulf of Mexico],
concluded by the United States and the United Mexican States on
February 3, 1944.
ARTICLE 9. HEALTH AND SAFETY CODE PROVISIONS
SECTION 9.01. Section 341.03571(b), Health and Safety Code,
is amended to read as follows:
(b) This section applies only to a county, or a municipality
in a county, that:
(1) borders the United Mexican States or is adjacent
to a county that borders the United Mexican States;
(2) has a population of at least 400,000 or has a
population of at least 20,000 and is adjacent to a county that has a
population of at least 400,000; and
(3) is within 200 miles of the Gulf of America [Gulf of
Mexico].
SECTION 9.02. Section 361.121(o), Health and Safety Code,
is amended to read as follows:
(o) The commission may not issue a permit under this section
for a land application unit that is located both:
(1) in a county that borders the Gulf of America [Gulf
of Mexico]; and
(2) 500 feet or less from any water well or surface
water.
SECTION 9.03. Section 361.122, Health and Safety Code, is
amended to read as follows:
Sec. 361.122. DENIAL OF CERTAIN LANDFILL PERMITS. The
commission may not issue a permit for a Type IV landfill if:
(1) the proposed site is located within 100 feet of a
canal that is used as a public drinking water source or for
irrigation of crops used for human or animal consumption;
(2) the proposed site is located in a county with a
population of more than 225,000 that is located adjacent to the Gulf
of America [Gulf of Mexico]; and
(3) prior to final consideration of the application by
the commission, the commissioners of the county in which the
facility is located have adopted a resolution recommending denial
of the application.
SECTION 9.04. Sections 365.003(b) and (c), Health and
Safety Code, are amended to read as follows:
(b) In this section, "beach" means an area in which the
public has acquired a right of use or an easement and that borders
on the seaward shore of the Gulf of America [Gulf of Mexico] or
extends from the line of mean low tide to the line of vegetation
bordering on the Gulf of America [Gulf of Mexico].
(c) This section applies only to a county park located in a
county that has the Gulf of America [Gulf of Mexico] as one
boundary, but does not apply to a beach located in that park.
SECTION 9.05. Section 366.012(a), Health and Safety Code,
is amended to read as follows:
(a) To assure the effective and efficient administration of
this chapter, the commission shall:
(1) adopt rules governing the installation of on-site
sewage disposal systems, including rules concerning the:
(A) review and approval of on-site sewage
disposal systems; and
(B) temporary waiver of a permit for an emergency
repair; and
(2) adopt rules under this chapter that:
(A) encourage the use of economically feasible
alternative techniques and technologies for on-site sewage
disposal systems that can be used in soils not suitable for
conventional on-site sewage disposal;
(B) address the separation of graywater, as
defined by Section 341.039, in a residence served by an on-site
sewage disposal system;
(C) allow for an adjustment in the size required
of an on-site sewage disposal system if the system is used in
conjunction with a graywater system that complies with the rules
adopted under Section 341.039;
(D) require on-site sewage disposal systems,
including risers and covers, installed after September 1, 2012, to
be designed to prevent access to the system by anyone other than:
(i) the owner of the system; or
(ii) a person described by Section
366.071(a) or (b);
(E) for a county with a population of at least
350,000 and not more than 370,000 that is adjacent to the Gulf of
America [Gulf of Mexico] and adjacent to a county with a population
of at least 3.3 million, allow for the installation of aerobic drip
emitter systems on subdivided or platted properties less than
one-half acre in size serving single-family residences supplied by
a public drinking water system if site-specific planning materials
have been:
(i) submitted by a licensed engineer or
registered sanitarian; and
(ii) approved by the appropriate authorized
agent; and
(F) for a county with a population of more than
40,000 and less than 50,000 that borders the Red River along the
Oklahoma state line and has a major interstate road running through
it, allow for the installation of aerobic drip emitter systems on
subdivided or platted properties less than one-half acre in size,
serving single-family residences supplied by a public drinking
water system if site-specific planning materials have been:
(i) submitted by a licensed engineer or
registered sanitarian; and
(ii) approved by the appropriate authorized
agent.
SECTION 9.06. Section 711.008(d), Health and Safety Code,
is amended to read as follows:
(d) Subsection (a) does not apply to a cemetery established
and operating before September 1, 1995, in a county with a
population of more than 315,000 and less than 351,000 that borders
the Gulf of America [Gulf of Mexico].
SECTION 9.07. Section 773.1141(a), Health and Safety Code,
is amended to read as follows:
(a) This section applies only to a trauma service area
regional advisory council serving a geographic area that includes:
(1) at least one county located on the international
border of this state; and
(2) at least one county adjacent to the Gulf of America
[Gulf of Mexico].
SECTION 9.08. Section 775.021(a), Health and Safety Code,
is amended to read as follows:
(a) This section applies only to a district located in whole
or in part in a county that:
(1) borders the Gulf of America [Gulf of Mexico]; and
(2) has a population of less than 1.5 million.
ARTICLE 10. LOCAL GOVERNMENT CODE PROVISIONS
SECTION 10.01. Section 42.021(c), Local Government Code, is
amended to read as follows:
(c) Subsection (b) applies to a municipality that has:
(1) a population of 2,000 or more; and
(2) territory located:
(A) entirely on a barrier island in the Gulf of
America [Gulf of Mexico]; and
(B) within 30 miles of an international border.
SECTION 10.02. Section 42.0235(a), Local Government Code,
is amended to read as follows:
(a) Notwithstanding Section 42.021, and except as provided
by Subsection (d), the extraterritorial jurisdiction of a
municipality with a population of more than 175,000 located in a
county that contains an international border and borders the Gulf
of America [Gulf of Mexico] terminates two miles from the
extraterritorial jurisdiction of a neighboring municipality if
extension of the extraterritorial jurisdiction beyond that limit
would:
(1) completely surround the corporate boundaries or
extraterritorial jurisdiction of the neighboring municipality; and
(2) limit the growth of the neighboring municipality
by precluding the expansion of the neighboring municipality's
extraterritorial jurisdiction.
SECTION 10.03. Section 43.017, Local Government Code, is
amended to read as follows:
Sec. 43.017. PROHIBITION AGAINST ANNEXATION TO SURROUND
MUNICIPALITY IN CERTAIN COUNTIES. A municipality with a population
of more than 175,000 located in a county that contains an
international border and borders the Gulf of America [Gulf of
Mexico] may not annex an area that would cause another municipality
to be entirely surrounded by the corporate limits or
extraterritorial jurisdiction of the annexing municipality.
SECTION 10.04. Section 43.0751(n), Local Government Code,
is amended to read as follows:
(n) This subsection applies only to a municipality any
portion of which is located in a county that has a population of not
less than 315,000 and not more than 351,000 and that borders the
Gulf of America [Gulf of Mexico] and is adjacent to a county with a
population of more than 3.3 million. A municipality may impose
within the boundaries of a district a municipal sales and use tax
authorized by Chapter 321, Tax Code, or a municipal hotel occupancy
tax authorized by Chapter 351, Tax Code, that is imposed in the
municipality if:
(1) the municipality has annexed the district for
limited purposes under this section; or
(2) following two public hearings on the matter, the
municipality and the district enter a written agreement providing
for the imposition of the tax or taxes.
SECTION 10.05. Section 43.082, Local Government Code, is
amended to read as follows:
Sec. 43.082. ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND
OWNED BY NAVIGATION DISTRICT. A municipality with a population of
less than 30,000, that is in a county that borders the Gulf of
America [Gulf of Mexico] and that is adjacent to a county with a
population of one million or more, and that seeks to annex land
owned by a navigation district operating under Section 59, Article
XVI, Texas Constitution, must have the consent of the district to
annex the land.
SECTION 10.06. Section 43.902(a), Local Government Code, is
amended to read as follows:
(a) Land on an island bordering the Gulf of America [Gulf of
Mexico] that is not accessible by a public road or common carrier
ferry facility may not be annexed by a municipality without the
consent of the owners of the land.
SECTION 10.07. Section 85.004(e), Local Government Code, is
amended to read as follows:
(e) The sheriff of a county that borders the Gulf of America
[Gulf of Mexico] may organize some of the reserve deputies to serve
as marine reserve deputies and lifeguards for beach and water
safety purposes and other related functions as the sheriff may
determine. A reserve deputy performing functions under this
subsection is subject to the laws of this state that relate to
reserve deputies except that they may not carry firearms in the
performance of their duties.
SECTION 10.08. Section 118.026(a), Local Government Code,
is amended to read as follows:
(a) The commissioners court of a county that borders the
United Mexican States and the Gulf of America [Gulf of Mexico] may
adopt a records technology and infrastructure fee as part of the
county's annual budget. The fee must be set and itemized in the
county's budget as part of the budget preparation process.
SECTION 10.09. Section 152.032(d), Local Government Code,
is amended to read as follows:
(d) The amount of the compensation and allowances of a
county auditor in a county subject to this subsection may be set in
an amount that exceeds the limit established by Subsection (a) if
the compensation and allowances are approved by the commissioners
court of the county. This subsection applies only to:
(1) a county with a population of 120,000 or more,
excluding a county subject to Subsection (b);
(2) a county with a population of more than 1,000 and
less than 23,000 that borders the Gulf of America [Gulf of Mexico];
(3) a county with a population of more than 11,000 and
less than 11,350; and
(4) a county that:
(A) borders a county with a population of more
than one million; and
(B) has a population of more than 44,500 and less
than 46,500.
SECTION 10.10. Section 233.001(a), Local Government Code,
is amended to read as follows:
(a) If the commissioners court of a county that borders the
Gulf of America [Gulf of Mexico] and is adjacent to a county with a
population of more than 3.3 million finds that a bulkhead or other
method of shoreline protection, hereafter called "structure," in an
unincorporated area of the county is likely to endanger persons or
property, the commissioners may:
(1) order the owner of the structure, the owner's
agent, or the owner or occupant of the property on which the
structure is located to repair, remove, or demolish the structure
or the part of the structure within a specified time; or
(2) repair, remove, or demolish the structure or the
part of the structure at the expense of the county on behalf of the
owner of the structure or the owner of the property on which the
structure is located and assess the repair, removal, or demolition
expenses on the property on which the structure was located.
SECTION 10.11. Sections 240.901(b) and (d), Local
Government Code, are amended to read as follows:
(b) A county bordering on the Gulf of America [Gulf of
Mexico] or on the tidewater limits of the gulf may determine the
boundaries of any flood-prone area of the county. The suitability
of that determination is conclusively established when the
commissioners court of the county adopts a resolution finding that
the area is a flood-prone area.
(d) In this section, "flood-prone area" means an area that
is subject to damage from rising water or flooding from the Gulf of
America [Gulf of Mexico] or its tidal waters, including lakes,
bays, inlets, and lagoons.
SECTION 10.12. Section 240.902(b), Local Government Code,
is amended to read as follows:
(b) In this section, "public beach" means a beach located on
a bay or inlet of the Gulf of America [Gulf of Mexico] to which the
general public or a substantial part of the general public has free
access.
SECTION 10.13. Section 240.909(a), Local Government Code,
is amended to read as follows:
(a) This section applies only to a county with a population
of 50,000 or less that borders the Gulf of America [Gulf of Mexico]
and in which is located at least one state park and one national
wildlife refuge.
SECTION 10.14. Section 240.910(a), Local Government Code,
is amended to read as follows:
(a) This section applies only to a county located on an
international border and adjacent to the Gulf of America [Gulf of
Mexico].
SECTION 10.15. Section 253.001(e), Local Government Code,
is amended to read as follows:
(e) Subsection (b) does not apply to a conveyance of park
land that:
(1) is owned by a home-rule municipality with a
population of less than 80,000 and that is located in a county
bordering the Gulf of America [Gulf of Mexico];
(2) is one acre or less;
(3) is part of a park that is 100 acres or less;
(4) is sold or is conveyed as a sale to the owner of
adjoining property; and
(5) is conveyed pursuant to a resolution or an
ordinance that:
(A) is adopted under this section;
(B) requires the sale to be with an owner of
adjoining property for fair market value as determined by an
independent appraisal obtained by the municipality; and
(C) has an effective date before December 31,
1995.
SECTION 10.16. Section 254.001, Local Government Code, is
amended to read as follows:
Sec. 254.001. APPLICABILITY OF CHAPTER. This chapter
applies only to a municipality located on a channel, canal, bay,
inlet, or lake connected to the Gulf of America [Gulf of Mexico].
SECTION 10.17. Section 306.032(a), Local Government Code,
is amended to read as follows:
(a) This section applies only to a home-rule municipality
that has a population of less than 80,000 and borders on the Gulf of
America [Gulf of Mexico].
SECTION 10.18. Section 307.001, Local Government Code, is
amended to read as follows:
Sec. 307.001. ELIGIBLE MUNICIPALITIES. A municipality that
borders on the Gulf of America [Gulf of Mexico] and has a population
of 50,000 or more may use and occupy for park purposes gulf
tidelands and adjacent water as provided by this chapter.
SECTION 10.19. Section 307.002(a), Local Government Code,
is amended to read as follows:
(a) The municipality may use and occupy for park purposes
under this chapter:
(1) the tidelands between:
(A) the lines of ordinary high tide and ordinary
low tide of the Gulf of America [Gulf of Mexico]; and
(B) extensions into the gulf, not more than 1,000
feet apart, of property lines of property that is above and fronting
the tidelands and is owned or acquired by the municipality for park
purposes or in or to which the municipality has or may acquire
easements or other rights or privileges authorizing the
municipality to use or occupy the property for park purposes; and
(2) the waters of the gulf adjacent to those
tidelands, and the gulf bed below those waters, for a distance not
to exceed 2,000 feet from the line of ordinary high tide.
SECTION 10.20. Section 307.021(c), Local Government Code,
is amended to read as follows:
(c) The pier may not:
(1) extend into the gulf for a distance of more than
2,000 feet from the line of ordinary high tide;
(2) extend into any part of a channel deepened or
improved for commercial navigation or between the shoreline and any
such channel; or
(3) extend into any arm, inlet, bay, or body of water
other than the main body of the Gulf of America [Gulf of Mexico].
SECTION 10.21. Sections 307.042(b) and (c), Local
Government Code, are amended to read as follows:
(b) As additional security for the bonds, notes, or
warrants, the municipality may mortgage and encumber all or a
designated part of:
(1) the pier, structures, or improvements;
(2) the furnishings and equipment; or
(3) the interest, easement, or other rights in land
acquired or to be acquired and used in connection with the park
land, including the right of use and occupancy of the park land and
the title or rights to the tidelands, waters, or beds of the Gulf of
America [Gulf of Mexico] acquired by the municipality.
(c) As additional security for the bonds, notes, or
warrants, the municipality may, by the terms of a mortgage, grant to
the purchaser under sale or foreclosure a franchise to operate the
properties purchased for a period of not more than 99 years after
the purchase. If at the time of the sale or foreclosure there is a
pier, structure, or improvement located in whole or in part on or
over state-owned tideland, water, and bed of the Gulf of America
[Gulf of Mexico], during that period of 99 years the purchaser and
the purchaser's heirs, successors, and assigns have the same right
of use and occupancy to the state-owned tideland, water, and bed as
is granted to the municipality under this chapter. On termination
of that period or on cessation of use of the property for that
purpose, the right of use and occupancy reverts to the
municipality.
SECTION 10.22. Section 321.001(a), Local Government Code,
is amended to read as follows:
(a) A county that borders on the Gulf of America [Gulf of
Mexico] and that has within its boundaries one or more islands or
parts of islands suitable for park purposes may act under this
chapter for the purpose of improving, equipping, maintaining,
financing, and operating one or more parks on those islands.
SECTION 10.23. Section 321.101, Local Government Code, is
amended to read as follows:
Sec. 321.101. APPLICABILITY. Notwithstanding Section
321.001, this subchapter applies only to:
(1) a county described by Section 321.001; and
(2) a county that borders on the Gulf of America [Gulf
of Mexico] and has within its boundaries a beach that:
(A) is wholly or partly operated by the county as
a park; or
(B) is otherwise controlled or maintained by the
county.
SECTION 10.24. Section 351.081, Local Government Code, is
amended to read as follows:
Sec. 351.081. ESTABLISHMENT IN POPULOUS COUNTIES. The
commissioners court of a county with a population of more than 3.3
million or a county that borders the Gulf of America [Gulf of
Mexico] may establish a department of county park rangers.
SECTION 10.25. Section 351.083, Local Government Code, is
amended to read as follows:
Sec. 351.083. LAW ENFORCEMENT SERVICES IN COUNTY PARKS.
The department shall provide law enforcement services within the
county parks of the county and, in a county that borders the Gulf of
America [Gulf of Mexico], in the unincorporated areas of the county
that are located on an island or isthmus.
SECTION 10.26. Section 351.084(b), Local Government Code,
is amended to read as follows:
(b) The county park rangers have the same law enforcement
authority that is given by law to deputy sheriffs except that the
law enforcement jurisdiction of rangers is limited to the county
parks of the county and, in a county that borders the Gulf of
America [Gulf of Mexico], to the unincorporated areas of the county
that are located on an island or isthmus.
SECTION 10.27. Section 375.182, Local Government Code, is
amended to read as follows:
Sec. 375.182. PROHIBITED USE OF FUNDS. Funds may not be
spent, an assessment imposed, or a tax levied under this chapter to
finance the opening, reopening, or maintenance of a pass, canal, or
waterway across a barrier island connecting the Gulf of America
[Gulf of Mexico] with inland waters.
SECTION 10.28. Section 382.002, Local Government Code, is
amended to read as follows:
Sec. 382.002. APPLICABILITY. This chapter applies only to:
(1) a county with a population of 1.5 million or more,
other than a county that:
(A) borders on the Gulf of America [Gulf of
Mexico] or a bay or inlet of the gulf; or
(B) has two municipalities located wholly or
partly in its boundaries each having a population of 225,000 or
more; or
(2) a county with a population of 70,000 or more that
is adjacent to a county described by Subdivision (1) in which a
municipality with a population of 90,000 or more is primarily
situated and includes all or a part of the extraterritorial
jurisdiction of a municipality with a population of 1.1 million or
more.
SECTION 10.29. Section 501.103, Local Government Code, is
amended to read as follows:
Sec. 501.103. CERTAIN INFRASTRUCTURE IMPROVEMENT PROJECTS.
In this subtitle, "project" includes expenditures that are found by
the board of directors to be required or suitable for
infrastructure necessary to promote or develop new or expanded
business enterprises, limited to:
(1) streets and roads, rail spurs, water and sewer
utilities, electric utilities, or gas utilities, drainage, site
improvements, and related improvements;
(2) telecommunications and Internet improvements; or
(3) beach remediation along the Gulf of America [Gulf
of Mexico].
SECTION 10.30. Section 501.163(a), Local Government Code,
is amended to read as follows:
(a) This section applies only to a corporation the creation
of which was authorized by a municipality that:
(1) has a population of 10,000 or more;
(2) is located in a county that borders:
(A) the Gulf of America [Gulf of Mexico] or the
Gulf Intracoastal Waterway; or
(B) the United Mexican States and in which four
municipalities with a population of 70,000 or more are located; and
(3) has, or is included in a metropolitan statistical
area of this state that has, an unemployment rate that averaged at
least two percent above the state average for the most recent two
consecutive years for which statistics are available.
SECTION 10.31. Section 561.007(a), Local Government Code,
is amended to read as follows:
(a) This section applies only to a county that:
(1) has a population of 190,000 or more, is adjacent to
a county with a population of 3.3 million or more, and borders the
Gulf of America [Gulf of Mexico]; and
(2) operates a road department system under Subchapter
D, Chapter 252, Transportation Code.
SECTION 10.32. Section 561.008(a), Local Government Code,
is amended to read as follows:
(a) The commissioners court of a county that borders the
Gulf of America [Gulf of Mexico], other than Jefferson, Kenedy,
Kleberg, Nueces, Orange, or Willacy County, may:
(1) construct breakwaters;
(2) issue bonds, time warrants, or certificates of
indebtedness of the county to pay for the construction; and
(3) impose ad valorem taxes to pay the bonds,
warrants, or certificates.
SECTION 10.33. Section 571.001, Local Government Code, is
amended to read as follows:
Sec. 571.001. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a county or municipality that borders the Gulf of
America [Gulf of Mexico].
ARTICLE 11. NATURAL RESOURCES CODE PROVISIONS
SECTION 11.01. Section 11.0111(a), Natural Resources Code,
is amended to read as follows:
(a) The commissioner shall:
(1) have the area between the coastline of the Gulf of
America [Gulf of Mexico] and the Three Marine League line compiled
and platted; and
(2) locate and set the boundary lines between the
coastal counties from the coastline to the Three Marine League
line.
SECTION 11.02. Sections 11.012(b) and (c), Natural
Resources Code, are amended to read as follows:
(b) The State of Texas has full sovereignty over the water,
the beds and shores, and the arms of the Gulf of America [Gulf of
Mexico] within its boundaries as provided in Subsection (a) of this
section, subject only to the right of the United States to regulate
foreign and interstate commerce under Article I, Section 8 of the
United States Constitution, and the power of the United States over
admiralty and maritime jurisdiction under Article III, Section 2 of
the United States Constitution.
(c) The State of Texas owns the water and the beds and shores
of the Gulf of America [Gulf of Mexico] and the arms of the Gulf of
America [Gulf of Mexico] within the boundaries provided in this
section, including all land which is covered by the Gulf of America
[Gulf of Mexico] and the arms of the Gulf of America [Gulf of
Mexico] either at low tide or high tide.
SECTION 11.03. Sections 11.013(a) and (c), Natural
Resources Code, are amended to read as follows:
(a) The gulfward boundary of each county located on the
coastline of the Gulf of America [Gulf of Mexico] is the Three
Marine League line as determined by the United States Supreme
Court.
(c) The gulfward boundaries of any city, town, or village
created and operating under the general laws of the State of Texas
shall not be established or extended by incorporation or annexation
more than 5,280 feet gulfward beyond the coastline. The governing
body of such a city, town, or village may, by ordinance, extend the
municipal boundaries up to 5,280 feet gulfward. Any inclusion of
territory in any such city, town, or village more than 5,280 feet
gulfward beyond the coastline is void. The term "coastline" as used
in this subsection means the line of mean low tide along that
portion of the coast which is in direct contact with the open Gulf
of America [Gulf of Mexico]. The term "city, town, or village
created and operating under the general laws of the State of Texas"
shall not include any city operating under a home-rule charter.
If any such general-law city, town, or village has heretofore
been established by incorporation or attempted incorporation more
than 5,280 feet gulfward beyond the coastline, the corporate
existence of such general-law city, town, or village is in all
things validated, ratified, approved, and confirmed.
The boundaries of such general-law city, town, or village,
including the gulfward boundaries to the extent of 5,280 feet
gulfward beyond the coastline, are in all things validated,
ratified, approved, and confirmed and shall not be held invalid by
reason of the inclusion of more territory than is expressly
authorized in Article 971, Revised Civil Statutes of Texas, 1925,
as amended, or by reason of the inclusion of territory other than
that which is intended to be used for strictly town or city purposes
as required by Section 7.002, Local Government Code or by reason of
not constituting a city, town, or village.
Neither this Act nor the general laws nor the special laws of
the state shall have the effect of validating, ratifying,
approving, or confirming the inclusion of territory in any such
general-law city, town, or village more than 5,280 feet gulfward
beyond the coastline.
If for any reason it should be determined by any court of
competent jurisdiction that any such general-law city, town, or
village has heretofore been incorporated in violation of the laws
of the state in effect as of the date of such incorporation or is
invalid, the corporate boundaries of any such general-law city,
town, or village shall be revised and reformed to exclude all
territory more than 5,280 feet gulfward of the coastline.
SECTION 11.04. Section 11.041(a), Natural Resources Code,
is amended to read as follows:
(a) In addition to land and minerals granted to the
permanent school fund under the constitution and other laws of this
state, the permanent school fund shall include:
(1) the mineral estate in river beds and channels;
(2) the mineral estate in areas within tidewater
limits, including islands, lakes, bays, and the bed of the sea which
belong to the state; and
(3) the arms and the beds and shores of the Gulf of
America [Gulf of Mexico] within the boundary of Texas.
SECTION 11.05. Section 32.066(a), Natural Resources Code,
is amended to read as follows:
(a) The board may grant easements of right-of-way on any
land except:
(1) unsold public school land;
(2) the portion of the Gulf of America [Gulf of Mexico]
within the jurisdiction of the state; and
(3) islands, saltwater lakes, bays, inlets, marshes,
and reefs owned by the state within tidewater limits.
SECTION 11.06. Sections 32.067(a)(2) and (3), Natural
Resources Code, are amended to read as follows:
(2) "Qualifying Gulf of America [Gulf of Mexico]
property" means land described in Section 52.011(2) that is subject
to a lease issued under Subchapter B, Chapter 52.
(3) "Qualifying Gulf of America [Gulf of Mexico]
reservoir" means a reservoir that:
(A) during a period established by board rule has
an average daily per well production equal to or less than 50
barrels of oil or barrels of oil equivalent; and
(B) underlies:
(i) a qualifying Gulf of America [Gulf of
Mexico] property; or
(ii) a pooled unit that includes a
qualifying Gulf of America [Gulf of Mexico] property.
SECTION 11.07. Sections 33.004(5) and (11), Natural
Resources Code, are amended to read as follows:
(5) "Coastal area" means the geographic area
comprising all the counties in Texas which have any tidewater
shoreline, including that portion of the bed and water of the Gulf
of America [Gulf of Mexico] within the jurisdiction of the State of
Texas.
(11) "Submerged land" means any land extending from
the boundary between the land of the state and the littoral owners
seaward to the low-water mark on any saltwater lake, bay, inlet,
estuary, or inland water within the tidewater limits, and any land
lying beneath the body of water, but for the purposes of this
chapter only, shall exclude beaches bordering on and the water of
the open Gulf of America [Gulf of Mexico] and the land lying beneath
this water.
SECTION 11.08. Sections 33.203(1), (6), (11), (15), and
(18), Natural Resources Code, are amended to read as follows:
(1) "Coastal natural resource areas" means:
(A) coastal barriers;
(B) coastal historic areas;
(C) coastal preserves;
(D) coastal shore areas;
(E) coastal wetlands;
(F) critical dune areas;
(G) critical erosion areas;
(H) gulf beaches;
(I) hard substrate reefs;
(J) oyster reefs;
(K) submerged land;
(L) special hazard areas;
(M) submerged aquatic vegetation;
(N) tidal sand or mud flats;
(O) water of the open Gulf of America [Gulf of
Mexico]; and
(P) water under tidal influence.
(6) "Coastal waters" means waters under tidal
influence and waters of the open Gulf of America [Gulf of Mexico].
(11) "Gulf beach" means a beach bordering the Gulf of
America [Gulf of Mexico] that is:
(A) located inland from the mean low tide line to
the natural line of vegetation bordering the seaward shore of the
Gulf of America [Gulf of Mexico]; or
(B) part of a contiguous beach area to which the
public has a right of use or easement:
(i) continuously held by the public; or
(ii) acquired by the public by
prescription, dedication, or estoppel.
(15) "Submerged land" means land located under waters
under tidal influence or under waters of the open Gulf of America
[Gulf of Mexico], without regard to whether the land is owned by the
state or a person other than the state.
(18) "Water of the open Gulf of America [Gulf of
Mexico]" means water in this state, as defined by Section
26.001(5), Water Code, that is part of the open water of the Gulf of
America [Gulf of Mexico] and that is within the territorial limits
of the state.
SECTION 11.09. Section 33.233(5), Natural Resources Code,
is amended to read as follows:
(5) "Seawater" means any water containing a
concentration of one-twentieth of one percent or more by weight of
total dissolved inorganic salts derived from the marine water of
the Gulf of America [Gulf of Mexico].
SECTION 11.10. Section 33.607(b), Natural Resources Code,
is amended to read as follows:
(b) On an ongoing basis, the commissioner, in consultation
with the Bureau of Economic Geology of The University of Texas at
Austin and coastal county and municipal governments, shall monitor
historical erosion rates at each location along the shore of the
Gulf of America [Gulf of Mexico].
SECTION 11.11. Section 33.613(a), Natural Resources Code,
is amended to read as follows:
(a) Notwithstanding Sections 66.204 and 81.103, Parks and
Wildlife Code, the commissioner may undertake the closure or
modification of a man-made pass or its environs between the Gulf of
America [Gulf of Mexico] and an inland bay if:
(1) the commissioner determines that the pass causes
or contributes to significant erosion of the shoreline of the
adjacent beach;
(2) the pass is not a public navigational channel
constructed or maintained by the federal government; and
(3) the land office receives legislative
appropriations or other funding for that purpose.
SECTION 11.12. Section 33.651(2), Natural Resources Code,
is amended to read as follows:
(2) "Coastal county" means a county that borders on
the Gulf of America [Gulf of Mexico].
SECTION 11.13. Section 33.656, Natural Resources Code, is
amended to read as follows:
Sec. 33.656. PROJECTS THAT QUALIFY FOR FUNDING. To qualify
for funding under this subchapter, a project must:
(1) be sponsored by a coastal county;
(2) be located within the sponsoring coastal county
along or adjacent to the shore of the Gulf of America [Gulf of
Mexico], an inland bay, or a connecting channel between the Gulf of
America [Gulf of Mexico] and an inland bay;
(3) be accessible by public roads or a common carrier
ferry;
(4) be identified and approved for funding by a
coastal county and the land office; and
(5) require more than $5 million to complete, as
estimated by the land office, unless the project implements a
building set-back line established under Section 33.607.
SECTION 11.14. Section 40.003(2), Natural Resources Code,
is amended to read as follows:
(2) "Coastal waters" means the waters and bed of the
Gulf of America [Gulf of Mexico] within the jurisdiction of the
State of Texas, including the arms of the Gulf of America [Gulf of
Mexico] subject to tidal influence, and any other waters contiguous
thereto that are navigable by vessels with a capacity to carry
10,000 gallons or more of oil as fuel or cargo.
SECTION 11.15. Section 51.291(a), Natural Resources Code,
is amended to read as follows:
(a) Except as provided by Subsection (b), the commissioner
may execute grants of easements or other interests in property for
rights-of-way or access across, through, and under unsold public
school land, the portion of the Gulf of America [Gulf of Mexico]
within the jurisdiction of the state, the state-owned riverbeds and
beds of navigable streams in the public domain, and all islands,
saltwater lakes, bays, inlets, marshes, and reefs owned by the
state within tidewater limits for:
(1) telephone, telegraph, electric transmission, and
power lines;
(2) oil pipelines, including pipelines connecting the
onshore storage facilities with the offshore facilities of a
deepwater port, as defined by the federal Deepwater Port Act of 1974
(33 U.S.C.A. Section 1501 et seq.), gas pipelines, sulphur
pipelines, and other electric lines and pipelines of any nature;
(3) irrigation canals, laterals, and water pipelines;
(4) roads; and
(5) any other purpose the commissioner considers to be
in the best interest of the state.
SECTION 11.16. Section 52.011, Natural Resources Code, is
amended to read as follows:
Sec. 52.011. AREA SUBJECT TO LEASE. Under the provisions of
this subchapter, the board may lease to any person for the
production of oil and natural gas:
(1) islands, saltwater lakes, bays, inlets, marshes,
and reefs owned by the state within tidewater limits;
(2) the portion of the Gulf of America [Gulf of Mexico]
within the jurisdiction of the state;
(3) all unsold surveyed and unsurveyed public school
land; and
(4) all land sold with a reservation of minerals to the
state under Section 51.054 or 51.086 of this code in which the state
has retained leasing rights.
SECTION 11.17. Section 52.297(a), Natural Resources Code,
is amended to read as follows:
(a) Leases issued under Subchapter B of this chapter for
unsold surveyed or unsurveyed school land, other than land included
in islands, saltwater lakes, bays, inlets, marshes, and reefs owned
by the state in tidewater limits and other than that portion of the
Gulf of America [Gulf of Mexico] within the jurisdiction of the
state, must include a provision requiring the compensation for
damages from the use of the surface in prospecting for, exploring,
developing, or producing the leased minerals.
SECTION 11.18. Section 52.321(4), Natural Resources Code,
is amended to read as follows:
(4) "Areas within tidewater limits" means islands,
saltwater lakes, bays, inlets, marshes, and reefs within tidewater
limits and that portion of the Gulf of America [Gulf of Mexico]
within the jurisdiction of Texas.
SECTION 11.19. Section 53.011, Natural Resources Code, is
amended to read as follows:
Sec. 53.011. LAND SUBJECT TO PROSPECT. Any tract of land
that belongs to the state, including islands, salt and freshwater
lakes, bays, inlets, marshes, and reefs owned by the state within
tidewater limits, the part of the Gulf of America [Gulf of Mexico]
within the state's jurisdiction, unsold surveyed public school
land, rivers and channels that belong to the state, and land sold
with a reservation of minerals to the state are subject to prospect
by any person for those minerals which are not subject to lease or
permit under any other statute. A person may not prospect from a
location within 2,500 feet of a military base, but prospectors may,
from a location more than 2,500 feet from a base, look for minerals
within the 2,500-foot strip.
SECTION 11.20. Section 53.151(a), Natural Resources Code,
is amended to read as follows:
(a) Under the provisions of this subchapter, the board may
lease to any person for the production of coal, lignite, sulphur,
salt, and potash:
(1) islands, saltwater lakes, bays, inlets, marshes,
and reefs owned by the state within tidewater limits;
(2) the portion of the Gulf of America [Gulf of Mexico]
within the jurisdiction of the state;
(3) rivers and channels that belong to the state;
(4) all unsold surveyed and unsurveyed public school
land; and
(5) all land sold with a reservation of minerals to the
state under Section 51.054 or 51.086 of this code in which the state
has retained leasing rights.
SECTION 11.21. Section 53.155(a), Natural Resources Code,
is amended to read as follows:
(a) Leases issued under Subchapter B or E of this chapter
for unsold surveyed or unsurveyed school land, other than land
included in islands, saltwater lakes, bays, inlets, marshes, and
reefs owned by the state in tidewater limits and other than that
portion of the Gulf of America [Gulf of Mexico] within the
jurisdiction of the state, must include a provision requiring
compensation for damages from the use of the surface in prospecting
for, exploring, developing, or producing the leased minerals.
SECTION 11.22. Section 53.161(7), Natural Resources Code,
is amended to read as follows:
(7) "Areas within tidewater limits" means islands,
saltwater lakes, bays, inlets, marshes, and reefs within tidewater
limits and that portion of the Gulf of America [Gulf of Mexico]
within the jurisdiction of Texas.
SECTION 11.23. Section 61.001(8), Natural Resources Code,
is amended to read as follows:
(8) "Public beach" means any beach area, whether
publicly or privately owned, extending inland from the line of mean
low tide to the line of vegetation bordering on the Gulf of America
[Gulf of Mexico] to which the public has acquired the right of use
or easement to or over the area by prescription, dedication,
presumption, or has retained a right by virtue of continuous right
in the public since time immemorial, as recognized in law and
custom. This definition does not include a beach that is not
accessible by a public road or public ferry as provided in Section
61.021 of this code.
SECTION 11.24. Section 61.011(a), Natural Resources Code,
is amended to read as follows:
(a) It is declared and affirmed to be the public policy of
this state that the public, individually and collectively, shall
have the free and unrestricted right of ingress and egress to and
from the state-owned beaches bordering on the seaward shore of the
Gulf of America [Gulf of Mexico], or if the public has acquired a
right of use or easement to or over an area by prescription,
dedication, or has retained a right by virtue of continuous right in
the public, the public shall have the free and unrestricted right of
ingress and egress to the larger area extending from the line of
mean low tide to the line of vegetation bordering on the Gulf of
America [Gulf of Mexico].
SECTION 11.25. Section 61.012, Natural Resources Code, is
amended to read as follows:
Sec. 61.012. DEFINITION. In this subchapter, "beach" means
state-owned beaches to which the public has the right of ingress and
egress bordering on the seaward shore of the Gulf of America [Gulf
of Mexico] or any larger area extending from the line of mean low
tide to the line of vegetation bordering on the Gulf of America
[Gulf of Mexico] if the public has acquired a right of use or
easement to or over the area by prescription, dedication, or has
retained a right by virtue of continuous right in the public.
SECTION 11.26. Section 61.013(c), Natural Resources Code,
is amended to read as follows:
(c) For purposes of this section, "public beach" shall mean
any beach bordering on the Gulf of America [Gulf of Mexico] that
extends inland from the line of mean low tide to the natural line of
vegetation bordering on the seaward shore of the Gulf of America
[Gulf of Mexico], or such larger contiguous area to which the public
has acquired a right of use or easement to or over by prescription,
dedication, or estoppel, or has retained a right by virtue of
continuous right in the public since time immemorial as recognized
by law or custom. This definition does not include a beach that is
not accessible by a public road or public ferry as provided in
Section 61.021 of this code.
SECTION 11.27. Section 61.014(a), Natural Resources Code,
is amended to read as follows:
(a) As used in this section, "public beach" means the area
extending from the line of mean low tide of the Gulf of America
[Gulf of Mexico] to the line of vegetation bordering on the Gulf of
America [Gulf of Mexico], or to a line 200 feet inland from the line
of mean low tide, whichever is nearer the line of mean low tide, if
the public has acquired a right of use or easement to or over the
area by prescription, dedication, or has retained a right by virtue
of continuous right in the public.
SECTION 11.28. Section 61.018(a-1), Natural Resources
Code, is amended to read as follows:
(a-1) A county attorney, district attorney, or criminal
district attorney or the attorney general may not file a suit under
Subsection (a) to obtain a temporary or permanent court order or
injunction, either prohibitory or mandatory, to remove a house from
a public beach if:
(1) the line of vegetation establishing the boundary
of the public beach moved as a result of a meteorological event that
occurred before January 1, 2009;
(2) the house was located landward of the natural line
of vegetation before the meteorological event;
(3) a portion of the house continues to be located
landward of the line of vegetation; and
(4) the house is located on a peninsula in a county
with a population of more than 315,000 and less than 351,000 that
borders the Gulf of America [Gulf of Mexico].
SECTION 11.29. Section 61.022(a), Natural Resources Code,
is amended to read as follows:
(a) The provisions of this subchapter do not prevent any of
the following governmental entities from erecting or maintaining
any groin, seawall, barrier, pass, channel, jetty, or other
structure as an aid to navigation, protection of the shore,
fishing, safety, or other lawful purpose authorized by the
constitution or laws of this state or the United States:
(1) an agency, department, institution, subdivision,
or instrumentality of the federal government;
(2) an agency, department, institution, or
instrumentality of this state;
(3) a county;
(4) a municipality;
(5) a subdivision of this state, other than a county or
municipality, acting in partnership with the county or municipality
in which the structure is located; or
(6) a subdivision of this state, acting with the
approval of the commissioner, if the structure is a shore
protection structure that:
(A) is designed to protect public
infrastructure, including a state or county highway or bridge;
(B) is located on land that:
(i) is state-owned submerged land or was
acquired for the project by a subdivision of this state; and
(ii) is located in or adjacent to the mouth
of a natural inlet from the Gulf of America [Gulf of Mexico]; and
(C) extends at least 1,000 feet along the
shoreline.
SECTION 11.30. Section 61.023, Natural Resources Code, is
amended to read as follows:
Sec. 61.023. EFFECT ON LAND TITLES AND PROPERTY ADJACENT TO
AND ON BEACHES. The provisions of this subchapter shall not be
construed as affecting in any way the title of the owners of land
adjacent to any state-owned beach bordering on the seaward shore of
the Gulf of America [Gulf of Mexico] or to the continuation of
fences for the retention of livestock across sections of beach
which are not accessible to motor vehicle traffic by public road or
by beach.
SECTION 11.31. Section 61.025(a), Natural Resources Code,
is amended to read as follows:
(a) Except as provided by Subsection (b), a person who sells
or conveys an interest, other than a mineral, leasehold, or
security interest, in real property located seaward of the Gulf
Intracoastal Waterway to its southernmost point and then seaward of
the longitudinal line also known as 97 degrees, 12', 19" which runs
southerly to the international boundary from the intersection of
the centerline of the Gulf Intracoastal Waterway and the
Brownsville Ship Channel must include in any executory contract for
conveyance a statement in substantially the following form:
CONCERNING THE PROPERTY AT ______________________________________
DISCLOSURE NOTICE CONCERNING LEGAL AND ECONOMIC RISKS
OF PURCHASING COASTAL REAL PROPERTY NEAR A BEACH
WARNING: THE FOLLOWING NOTICE OF POTENTIAL RISKS OF
ECONOMIC LOSS TO YOU AS THE PURCHASER OF COASTAL REAL PROPERTY IS
REQUIRED BY STATE LAW.
● READ THIS NOTICE CAREFULLY. DO NOT SIGN THIS CONTRACT
UNTIL YOU FULLY UNDERSTAND THE RISKS YOU ARE ASSUMING.
● BY PURCHASING THIS PROPERTY, YOU MAY BE ASSUMING
ECONOMIC RISKS OVER AND ABOVE THE RISKS INVOLVED IN PURCHASING
INLAND REAL PROPERTY.
● IF YOU OWN A STRUCTURE LOCATED ON COASTAL REAL PROPERTY
NEAR A GULF COAST BEACH, IT MAY COME TO BE LOCATED ON THE PUBLIC
BEACH BECAUSE OF COASTAL EROSION AND STORM EVENTS.
● AS THE OWNER OF A STRUCTURE LOCATED ON THE PUBLIC BEACH,
YOU COULD BE SUED BY THE STATE OF TEXAS AND ORDERED TO REMOVE THE
STRUCTURE.
● THE COSTS OF REMOVING A STRUCTURE FROM THE PUBLIC BEACH
AND ANY OTHER ECONOMIC LOSS INCURRED BECAUSE OF A REMOVAL ORDER
WOULD BE SOLELY YOUR RESPONSIBILITY.
The real property described in this contract is located
seaward of the Gulf Intracoastal Waterway to its southernmost point
and then seaward of the longitudinal line also known as 97 degrees,
12', 19" which runs southerly to the international boundary from
the intersection of the centerline of the Gulf Intracoastal
Waterway and the Brownsville Ship Channel. If the property is in
close proximity to a beach fronting the Gulf of America [Gulf of
Mexico], the purchaser is hereby advised that the public has
acquired a right of use or easement to or over the area of any public
beach by prescription, dedication, or presumption, or has retained
a right by virtue of continuous right in the public since time
immemorial, as recognized in law and custom.
The extreme seaward boundary of natural vegetation that
spreads continuously inland customarily marks the landward
boundary of the public easement. If there is no clearly marked
natural vegetation line, the landward boundary of the easement is
as provided by Sections 61.016 and 61.017, Natural Resources Code.
Much of the Gulf of America [Gulf of Mexico] coastline is
eroding at rates of more than five feet per year. Erosion rates for
all Texas Gulf property subject to the open beaches act are
available from the Texas General Land Office.
State law prohibits any obstruction, barrier, restraint, or
interference with the use of the public easement, including the
placement of structures seaward of the landward boundary of the
easement. OWNERS OF STRUCTURES ERECTED SEAWARD OF THE VEGETATION
LINE (OR OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD
OF THE VEGETATION LINE AS A RESULT OF PROCESSES SUCH AS SHORELINE
EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE THE
STRUCTURES.
The purchaser is hereby notified that the purchaser should:
(1) determine the rate of shoreline erosion in the
vicinity of the real property; and
(2) seek the advice of an attorney or other qualified
person before executing this contract or instrument of conveyance
as to the relevance of these statutes and facts to the value of the
property the purchaser is hereby purchasing or contracting to
purchase.
SECTION 11.32. Section 61.062, Natural Resources Code, is
amended to read as follows:
Sec. 61.062. PUBLIC POLICY. It is the public policy of this
state that the public, individually and collectively, shall have
the free and unrestricted right of ingress and egress to and from
the state-owned beaches bordering on the seaward shore of the Gulf
of America [Gulf of Mexico] if the public has acquired a right of
use or easement to or over the area by prescription, dedication, or
continuous use. This creates a responsibility for the state, in its
position as trustee for the public to assist local governments in
the cleaning of beach areas which are subject to the access rights
of the public as defined in Subchapter B of this chapter.
SECTION 11.33. Section 61.064, Natural Resources Code, is
amended to read as follows:
Sec. 61.064. APPLICATION OF SUBCHAPTER. This subchapter
applies to incorporated cities, towns, and villages that are
located or border on the Gulf of America [Gulf of Mexico] and to all
counties that are located or border on the Gulf of America [Gulf of
Mexico] if the city, town, or village or county that makes
application for funds under this subchapter has within its
boundaries public beaches.
SECTION 11.34. Sections 61.065(a) and (c), Natural
Resources Code, are amended to read as follows:
(a) It is the duty and responsibility of the governing body
of any incorporated city, town, or village located or bordering on
the Gulf of America [Gulf of Mexico] to clean and maintain the
condition of all public beaches within the corporate boundaries.
(c) As part of the duty under this section to clean and
maintain the condition of public beaches, a municipality shall:
(1) during reasonable daylight hours, as established
and posted by the municipality, from Memorial Day to Labor Day,
provide, or ensure that a park board created by the municipality
under Chapter 306, Local Government Code, provides:
(A) occupied lifeguard towers or mobile
lifeguard units on each side of each pier, jetty, or other structure
that protrudes into the Gulf of America [Gulf of Mexico] that is
located within the corporate boundaries; or
(B) a single occupied lifeguard tower or mobile
lifeguard unit at each pier, jetty, or other structure that
protrudes into the Gulf of America [Gulf of Mexico] that is located
within the corporate boundaries if the single tower provides an
unobstructed view of both sides of the structure; and
(2) post within 100 yards of each side of each
structure described by Subdivision (1) signs clearly describing the
dangerous water conditions that may occur near the structure.
SECTION 11.35. Sections 61.066(a), (b), and (e), Natural
Resources Code, are amended to read as follows:
(a) It is the duty and responsibility of the commissioners
court of any county located or bordering on the Gulf of America
[Gulf of Mexico] to clean and maintain the condition of all public
beaches located inside the county but outside the boundaries of any
incorporated city located or bordering on the Gulf of America [Gulf
of Mexico] and all public beaches owned by the county and located
inside the boundaries of an incorporated city, town, or village.
(b) As part of the duty under this section to clean and
maintain the condition of public beaches, a county shall:
(1) during reasonable daylight hours, as established
and posted by the county, from Memorial Day to Labor Day, provide:
(A) occupied lifeguard towers or mobile
lifeguard units on each side of each pier, jetty, or other structure
that protrudes into the Gulf of America [Gulf of Mexico] that is
located on a public beach described by Subsection (a); or
(B) a single occupied lifeguard tower or mobile
lifeguard unit at each pier, jetty, or other structure that
protrudes into the Gulf of America [Gulf of Mexico] that is located
on a public beach described by Subsection (a) if the single tower
provides an unobstructed view of both sides of the structure; and
(2) post within 100 yards of each side of each
structure described by Subdivision (1) signs clearly describing the
dangerous water conditions that may occur near the structure.
(e) Subsection (b)(1) does not apply to a county adjacent to
a county with a population of more than 3.3 million that contains a
municipality adjacent to the Gulf of America [Gulf of Mexico] with a
population of less than 1,000.
SECTION 11.36. Section 61.067(a-2), Natural Resources
Code, is amended to read as follows:
(a-2) As part of the duty under this section to clean and
maintain the condition of public beaches located within state
parks, the department shall:
(1) during reasonable daylight hours, as established
and posted by the department, from Memorial Day to Labor Day,
provide:
(A) occupied lifeguard towers or mobile
lifeguard units on each side of each pier, jetty, or other structure
that protrudes into the Gulf of America [Gulf of Mexico] that is
located within a state park; or
(B) a single occupied lifeguard tower or mobile
lifeguard unit at each pier, jetty, or other structure that
protrudes into the Gulf of America [Gulf of Mexico] that is located
within a state park if the single tower provides an unobstructed
view of both sides of the structure; and
(2) post within 100 yards of each side of each
structure described by Subdivision (1) signs clearly describing the
dangerous water conditions that may occur near the structure.
SECTION 11.37. Section 61.078, Natural Resources Code, is
amended to read as follows:
Sec. 61.078. AUTHORITY TO SPEND COUNTY FUNDS. The
commissioners court of any county located or bordering on the Gulf
of America [Gulf of Mexico] may spend from any available fund the
amount it considers necessary to carry out the responsibilities
provided in this subchapter.
SECTION 11.38. Section 61.080(a), Natural Resources Code,
is amended to read as follows:
(a) The governing body of any incorporated city located or
bordering on the Gulf of America [Gulf of Mexico] that is not
entitled to receive funds under this subchapter may contract with
the commissioners court of the county in which the city is located
to allow the county to clean the beaches within the corporate limits
of the city.
SECTION 11.39. Section 61.083, Natural Resources Code, is
amended to read as follows:
Sec. 61.083. EXEMPTIONS FROM SUBCHAPTER. None of the
provisions of this subchapter apply to any beach area that does not
border on the Gulf of America [Gulf of Mexico] or to any island or
peninsula that is not accessible by a public road or common carrier
ferry facility as long as that condition exists.
SECTION 11.40. Section 61.122, Natural Resources Code, is
amended to read as follows:
(a) The commissioners court of a county bordering on the
Gulf of America [Gulf of Mexico] or its tidewater limits, by order,
may regulate motor vehicle traffic on any beach within the
boundaries of the county, including prohibiting motor vehicle
traffic on any natural or man-made sand dune or other form of
shoreline protection, and may prohibit the littering of the beach
and may define the term "littering."
(b) The commissioners court of a county bordering the Gulf
of America [Gulf of Mexico] or its tidewaters, by order, may
regulate the possession of animals on the beach within its
boundaries, including but not limited to prohibiting animals to run
at large on said beach.
(c) The commissioners court of a county bordering the Gulf
of America [Gulf of Mexico] or its tidewaters, by order, may
regulate swimming in passes leading to and from the Gulf of America
[Gulf of Mexico], located within its boundaries, including but not
limited to prohibiting swimming in said passes and posting signs
notifying persons of such regulation or prohibition.
(d) The commissioners court of a county bordering on the
Gulf of America [Gulf of Mexico] or its tidewater limits, by order,
may prohibit the use and possession of all glass containers and
products on a beach in the unincorporated area of the county. The
commissioners court shall not prohibit any one or several glass
products to the exclusion of any others.
(e) Regulation under Subsection (a) of this section that
prohibits vehicles from an area of public beach is subject to
Section 61.022 of this code.
SECTION 11.41. Section 61.129(a), Natural Resources Code,
is amended to read as follows:
(a) Except as provided in Section 61.022 of this code, this
subchapter does not limit the power of an incorporated city, town,
or village bordering on the Gulf of America [Gulf of Mexico] or any
adjacent body of water to regulate motor vehicle traffic and
prohibit littering on any beach within its corporate limits.
SECTION 11.42. Section 61.132(a), Natural Resources Code,
is amended to read as follows:
(a) This section applies only to a county bordering on the
Gulf of America [Gulf of Mexico] or its tidewater limits that
contains a launch site the construction and operation of which have
been approved in a record of decision issued by the Federal Aviation
Administration following the preparation of an environmental
impact statement by that administration.
SECTION 11.43. Section 61.161, Natural Resources Code, is
amended to read as follows:
Sec. 61.161. PUBLIC POLICY. It is the public policy of this
state that the state-owned beaches bordering on the seaward shore
of the Gulf of America [Gulf of Mexico], and any larger area
extending from the line of mean low tide to the line of vegetation
bordering on the Gulf of America [Gulf of Mexico], if the public has
acquired a right of use or easement to or over the area by the
prescription or dedication or has retained a right by virtue of
continuous right in the public, shall be used primarily for
recreational purposes, and any use which substantially interferes
with the enjoyment of the beach area by the public shall constitute
an offense against the public policy of the state. Nothing in this
subchapter prevents any agency, department, political subdivision,
or municipal corporation of this state from exercising its lawful
authority under any law of this state to regulate safety conditions
on any beach area subject to public use.
SECTION 11.44. Section 61.162(a), Natural Resources Code,
is amended to read as follows:
(a) The legislature finds that the operation and
maintenance of business establishments at fixed or permanent
locations on the public beaches of this state bordering on the
seaward shore of the Gulf of America [Gulf of Mexico] constitute a
potential public health hazard and a substantial interference with
the free and unrestricted rights of ingress and egress of the
public, both individually and collectively, to and from the
state-owned beaches bordering on the seaward shore of the Gulf of
America [Gulf of Mexico] or any larger area extending from the line
of mean low tide to the line of vegetation bordering on the Gulf of
America [Gulf of Mexico] if the public has acquired a right of use
or easement to or over the area by prescription, dedication, or has
retained a right by virtue of continuous right in the public.
SECTION 11.45. Section 61.211, Natural Resources Code, is
amended to read as follows:
Sec. 61.211. FINDINGS. The legislature finds that the
unregulated excavation, taking, removal, and carrying away of sand,
marl, gravel, and shell from islands and peninsulas bordering on
the Gulf of America [Gulf of Mexico] and from the public beaches of
the state constitute a substantial interference with public
enjoyment of Texas beaches and a hazard to life and property.
SECTION 11.46. Section 61.213, Natural Resources Code, is
amended to read as follows:
Sec. 61.213. APPLICATION. Before a person excavates,
takes, removes, or carries away sand, marl, gravel, or shell from
land located on an exposed island or peninsula bordering on the Gulf
of America [Gulf of Mexico] or from land located within 1,500 feet
of a mainland public beach that is located outside the boundaries of
an incorporated city, town, or village, he must submit a written
application to the commissioners court of the county in which the
excavation, taking, removal, or carrying away is to take place.
SECTION 11.47. Section 61.223, Natural Resources Code, is
amended to read as follows:
Sec. 61.223. SUITS FOR ORDERS AND INJUNCTIONS. The
attorney general, any county attorney, district attorney, or
criminal district attorney of the state shall file in a district
court in the county in which the conduct takes place, a suit seeking
temporary or permanent court orders or injunctions to prohibit any
excavating, taking, removing, or carrying away of any sand, marl,
gravel, or shell from land located on an exposed island or peninsula
bordering on the Gulf of America [Gulf of Mexico] or from land
located within 1,500 feet of a public beach of this state if the
land is located outside the boundaries of an incorporated city,
town, or village in violation of the provisions of this subchapter.
SECTION 11.48. Section 61.224, Natural Resources Code, is
amended to read as follows:
Sec. 61.224. PENALTY. A person who for himself or on behalf
of or under the direction of another person excavates, takes,
removes, or carries away sand, marl, gravel, or shell from land
located on an exposed island or peninsula bordering on the Gulf of
America [Gulf of Mexico] or from land located within 1,500 feet of a
public beach of this state, if the land is located outside the
boundaries of any incorporated city, town, or village, in violation
of the provisions of this subchapter shall be fined not less than
$10 nor more than $200. Each day a violation occurs constitutes a
separate offense.
SECTION 11.49. Section 61.252(a), Natural Resources Code,
is amended to read as follows:
(a) To protect the public health, safety, and welfare, the
commissioners court of a county bordering on the Gulf of America
[Gulf of Mexico] or its tidewater limits, by order, may regulate
mass gatherings of individuals on any beach in the unincorporated
area of the county by requiring a person to obtain a permit and pay a
permit fee set by the commissioners court before the person may hold
a mass gathering.
SECTION 11.50. Sections 62.001(a) and (e), Natural
Resources Code, are amended to read as follows:
(a) The provisions of this chapter apply to counties that
are located or border on the Gulf of America [Gulf of Mexico] and
have within their boundaries beaches that are suitable for park
purposes. The suitability of a beach for park purposes is
established conclusively when the commissioners court of the county
makes a finding that the beach located within its boundaries, but
not located within the boundaries of an incorporated city, is
suitable for park purposes.
(e) The provisions of this chapter do not permit any
interference with the right the public has under the provisions of
Subchapter B, Chapter 61, to the free and unrestricted use of, and
to ingress and egress to, the area bordering on the Gulf of America
[Gulf of Mexico] from mean low tide to the line of vegetation, as
that term is defined in Section 61.001. A county, county official,
or anyone acting under the authority of this chapter may not
exercise any authority, contract out a right to exercise authority,
or otherwise delegate authority beyond that specifically granted to
it in Sections 61.122 through 61.128 over that area notwithstanding
any of the specific provisions of this chapter. The rights
established in Subchapters B and D, Chapter 61, are paramount over
the rights or interests that might otherwise be created by the
provisions of this chapter, and nothing in this chapter encroaches
on those rights or upon land, or interests in land, that may
ultimately be held subject to those rights.
SECTION 11.51. Section 62.011, Natural Resources Code, is
amended to read as follows:
Sec. 62.011. PURPOSE AND AUTHORITY. A county located or
bordering on the Gulf of America [Gulf of Mexico] with a beach
suitable for park purposes may create a board in the manner provided
in this subchapter for the purpose of improving, equipping,
maintaining, financing, and operating a public park or parks, or
any facilities owned by the county, or to be acquired by the county,
or to be managed by the county under the terms of a written
contract. The board, to be designated Beach Park Board of Trustees,
has the powers and duties specified in this chapter.
SECTION 11.52. Section 62.091(a), Natural Resources Code,
is amended to read as follows:
(a) The following land is under the jurisdiction of the
board:
(1) public beaches owned in fee by the county; and
(2) land used as parks in connection with public
beaches not located inside the boundaries of an incorporated city
and not inside the area bordering on the Gulf of America [Gulf of
Mexico] from the line of mean low tide to the line of vegetation as
that term is defined in Section 61.001.
SECTION 11.53. Section 63.001, Natural Resources Code, is
amended to read as follows:
Sec. 63.001. FINDINGS OF FACT. The legislature finds and
declares:
(1) that the mainland gulf shoreline, barrier islands,
and peninsulas of this state contain a significant portion of the
state's human, natural, and recreational resources;
(2) that these areas are and historically have been
wholly or in part protected from the action of the water of the Gulf
of America [Gulf of Mexico] and storms on the Gulf by a system of
vegetated and unvegetated sand dunes that provide a protective
barrier for adjacent land and inland water and land against the
action of sand, wind, and water;
(3) that certain persons have from time to time
modified or destroyed the effectiveness of the protective barriers
and caused environmental damage in the process of developing the
shoreline for various purposes;
(4) that the operation of recreational vehicles and
other activities over these dunes have destroyed the natural
vegetation on them;
(5) that these practices constitute serious threats to
the safety of adjacent properties, to public highways, to the
taxable basis of adjacent property and constitute a real danger to
natural resources and to the health, safety, and welfare of persons
living, visiting, or sojourning in the area;
(6) that it is necessary to protect these dunes as
provided in this chapter because stabilized, vegetated dunes offer
the best natural defense against storms and are areas of
significant biological diversity;
(7) that vegetated stabilized dunes help preserve
state-owned beaches and shores by protecting against erosion of the
shoreline; and
(8) that different areas of the coast are
characterized by dunes of various types and values, all of which
should be afforded protection.
SECTION 11.54. Sections 63.002(2), (3), and (5), Natural
Resources Code, are amended to read as follows:
(2) "Barrier island" means an island bordering on the
Gulf of America [Gulf of Mexico] and entirely surrounded by water.
(3) "Peninsula" means an arm of land bordering on the
Gulf of America [Gulf of Mexico] surrounded on three sides by water.
(5) "Mainland shoreline" means all shoreline fronting
on the open Gulf of America [Gulf of Mexico] that is not located on a
barrier island or a peninsula.
SECTION 11.55. Section 63.011(a), Natural Resources Code,
is amended to read as follows:
(a) After notice and hearing, the commissioners court of
each county that has within its boundaries mainland shoreline, a
barrier island, or a peninsula located on the seaward shore of the
Gulf of America [Gulf of Mexico] shall establish a dune protection
line on any such shoreline, island, or peninsula within its
boundaries for the purpose of preserving sand dunes.
SECTION 11.56. Section 63.012, Natural Resources Code, is
amended to read as follows:
Sec. 63.012. LOCATION OF DUNE PROTECTION LINE. The dune
protection line shall not be located further landward than a line
drawn parallel to and 1,000 feet landward of the line of mean high
tide of the Gulf of America [Gulf of Mexico].
SECTION 11.57. Section 92.002(4), Natural Resources Code,
is amended to read as follows:
(4) "Barrier island" means an island bordering on the
Gulf of America [Gulf of Mexico] and entirely surrounded by water.
ARTICLE 12. OCCUPATIONS CODE PROVISIONS
SECTION 12.01. Section 2025.152, Occupations Code, is
amended to read as follows:
Sec. 2025.152. LOCATION RESTRICTION FOR GREYHOUND
RACETRACK. Each greyhound racetrack must be located in a county
that:
(1) has a population of more than 190,000;
(2) borders the Gulf of America [Gulf of Mexico]; and
(3) includes all or part of an island that borders the
Gulf of America [Gulf of Mexico].
ARTICLE 13. PROPERTY CODE PROVISIONS
SECTION 13.01. Section 5.008(b), Property Code, is amended
to read as follows:
(b) The notice must be executed and must, at a minimum, read
substantially similar to the following:
SELLER'S DISCLOSURE NOTICE
CONCERNING THE PROPERTY AT ___________________________________
(Street Address and City)
THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
Seller __ is __ is not occupying the Property.
If unoccupied, how long since Seller has occupied the Property?
________________________________________________________________
1. The Property has the items checked below:
Write Yes (Y), No (N), or Unknown (U).
__ Range __ Oven __ Microwave __ Range __ Oven __ Microwave
__ Range __ Oven __ Microwave
__ Dishwasher __ Trash Compactor __ Disposal __ Dishwasher __ Trash Compactor __ Disposal
__ Dishwasher __ Trash Compactor __ Disposal
__ Washer/Dryer __ Window __ Rain Gutters __ Washer/Dryer __ Window __ Rain Gutters
__ Washer/Dryer __ Window __ Rain Gutters
Hookups Screens Hookups Screens
Hookups Screens
__ Security __ Fire Detection __ Intercom __ Security __ Fire Detection __ Intercom
__ Security __ Fire Detection __ Intercom
System Equipment System System Equipment System
System Equipment System
__ Smoke Detector __ Smoke Detector
__ Smoke Detector
__ Smoke Detector - __ Smoke Detector -
__ Smoke Detector -
Hearing Impaired Hearing Impaired
Hearing Impaired
__ Carbon Monoxide __ Carbon Monoxide
__ Carbon Monoxide
Alarm Alarm
Alarm
__ Emergency Escape __ Emergency Escape
__ Emergency Escape
Ladder(s) Ladder(s)
Ladder(s)
__ TV Antenna __ Cable TV __ Satellite __ TV Antenna __ Cable TV __ Satellite
__ TV Antenna __ Cable TV __ Satellite
Wiring Dish Wiring Dish
Wiring Dish
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
Fan(s) Fan(s)
Fan(s)
__ Central A/C __ Central Heating __ Wall/Window __ Central A/C __ Central Heating __ Wall/Window
__ Central A/C __ Central Heating __ Wall/Window
Air Air
Air
Conditioning Conditioning
Conditioning
__ Plumbing System __ Septic System __ Public Sewer __ Plumbing System __ Septic System __ Public Sewer
__ Plumbing System __ Septic System __ Public Sewer
System System
System
__ Patio/Decking __ Outdoor Grill __ Fences __ Patio/Decking __ Outdoor Grill __ Fences
__ Patio/Decking __ Outdoor Grill __ Fences
__ Pool __ Sauna __ Spa __ Pool __ Sauna __ Spa
__ Pool __ Sauna __ Spa
__ Hot Tub __ Hot Tub
__ Hot Tub
__ Pool Equipment __ Pool Heater __ Automatic Lawn __ Pool Equipment __ Pool Heater __ Automatic Lawn
__ Pool Equipment __ Pool Heater __ Automatic Lawn
Sprinkler Sprinkler
Sprinkler
System System
System
__ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) &
__ Fireplace(s) & __ Fireplace(s) &
Chimney Chimney Chimney Chimney
Chimney Chimney
(Woodburning) (Mock) (Woodburning) (Mock)
(Woodburning) (Mock)
__ Natural Gas Lines __ Gas Fixtures __ Natural Gas Lines __ Gas Fixtures
__ Natural Gas Lines __ Gas Fixtures
__ Liquid Propane Gas: __ LP Community __ LP on Property __ Liquid Propane Gas: __ LP Community __ LP on Property
__ Liquid Propane Gas: __ LP Community __ LP on Property
(Captive) (Captive)
(Captive)
__ Fuel Gas Piping: __ Black Iron Pipe __ Corrugated __ Fuel Gas Piping: __ Black Iron Pipe __ Corrugated
__ Fuel Gas Piping: __ Black Iron Pipe __ Corrugated
__ Copper __ Stainless Steel __ Copper __ Stainless Steel
__ Copper __ Stainless Steel
__ Tubing __ Tubing
__ Tubing
Garage: __ Attached __ Not Attached __ Carport Garage: __ Attached __ Not Attached __ Carport
Garage: __ Attached __ Not Attached __ Carport
Garage Door Opener(s): __ Electronic __ Control(s) Garage Door Opener(s): __ Electronic __ Control(s)
Garage Door Opener(s): __ Electronic __ Control(s)
Water Heater: __ Gas __ Electric Water Heater: __ Gas __ Electric
Water Heater: __ Gas __ Electric
Water Supply: __ City __ Well __ MUD __ Co-op Water Supply: __ City __ Well __ MUD __ Co-op
Water Supply: __ City __ Well __ MUD __ Co-op
Roof Type: ________________________________ Age: _____(approx)
Are you (Seller) aware of any of the above items that are not in
working condition, that have known defects, or that are in need of
repair? __ Yes __ No __ Unknown.
If yes, then describe. (Attach additional sheets if necessary):
________________________________________________________________
________________________________________________________________
2. Does the property have working smoke detectors installed in
accordance with the smoke detector requirements of Chapter 766,
Health and Safety Code?* __ Yes __ No __ Unknown.
If the answer to the question above is no or unknown,
explain. (Attach additional sheets if necessary):
*Chapter 766 of the Health and Safety Code requires
one-family or two-family dwellings to have working smoke detectors
installed in accordance with the requirements of the building code
in effect in the area in which the dwelling is located, including
performance, location, and power source requirements. If you do
not know the building code requirements in effect in your area, you
may check unknown above or contact your local building official for
more information. A buyer may require a seller to install smoke
detectors for the hearing impaired if: (1) the buyer or a member of
the buyer's family who will reside in the dwelling is hearing
impaired; (2) the buyer gives the seller written evidence of the
hearing impairment from a licensed physician; and (3) within 10
days after the effective date, the buyer makes a written request for
the seller to install smoke detectors for the hearing impaired and
specifies the locations for installation. The parties may agree
who will bear the cost of installing the smoke detectors and which
brand of smoke detectors to install.
3. Are you (Seller) aware of any known defects/malfunctions in any
of the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Interior Walls __ Ceilings __ Floors __ Interior Walls __ Ceilings __ Floors
__ Interior Walls __ Ceilings __ Floors
__ Exterior Walls __ Doors __ Windows __ Exterior Walls __ Doors __ Windows
__ Exterior Walls __ Doors __ Windows
__ Roof __ Foundation/ __ Basement __ Roof __ Foundation/ __ Basement
__ Roof __ Foundation/ __ Basement
Slab(s) Slab(s)
Slab(s)
__ Walls/Fences __ Driveways __ Sidewalks __ Walls/Fences __ Driveways __ Sidewalks
__ Walls/Fences __ Driveways __ Sidewalks
__ Plumbing/Sewers/ __ Electrical __ Lighting __ Plumbing/Sewers/ __ Electrical __ Lighting
__ Plumbing/Sewers/ __ Electrical __ Lighting
Septics Systems Fixtures Septics Systems Fixtures
Septics Systems Fixtures
__ Other Structural Components (Describe):_______________________
________________________________________________________________
________________________________________________________________
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):________________________________
________________________________________________________________
________________________________________________________________
4. Are you (Seller) aware of any of the following conditions?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Active Termites __ Previous Structural __ Active Termites __ Previous Structural
__ Active Termites __ Previous Structural
(includes or Roof Repair (includes or Roof Repair
(includes or Roof Repair
wood-destroying insects) wood-destroying insects)
wood-destroying insects)
__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
Needing Repair Needing Repair
Needing Repair
__ Previous Termite Damage __ Asbestos Components __ Previous Termite Damage __ Asbestos Components
__ Previous Termite Damage __ Asbestos Components
__ Previous Termite __ Urea formaldehyde __ Previous Termite __ Urea formaldehyde
__ Previous Termite __ Urea formaldehyde
Treatment Insulation Treatment Insulation
Treatment Insulation
__ Radon Gas __ Radon Gas
__ Radon Gas
__ Improper Drainage __ Lead Based Paint __ Improper Drainage __ Lead Based Paint
__ Improper Drainage __ Lead Based Paint
__ Water Damage Not Due to a __ Aluminum Wiring __ Water Damage Not Due to a __ Aluminum Wiring
__ Water Damage Not Due to a __ Aluminum Wiring
__ Flood Event __ Flood Event
__ Flood Event
__ Previous Fires __ Previous Fires
__ Previous Fires
__ Unplatted Easements __ Unplatted Easements
__ Unplatted Easements
__ Landfill, Settling, Soil __ Subsurface __ Landfill, Settling, Soil __ Subsurface
__ Landfill, Settling, Soil __ Subsurface
Movement, Fault Lines Structure or Pits Movement, Fault Lines Structure or Pits
Movement, Fault Lines Structure or Pits
__ Single Blockable Main __ Previous Use of Premises __ Single Blockable Main __ Previous Use of Premises
__ Single Blockable Main __ Previous Use of Premises
Drain in Pool/Hot for Manufacture of Drain in Pool/Hot for Manufacture of
Drain in Pool/Hot for Manufacture of
Tub/Spa* Methamphetamine Tub/Spa* Methamphetamine
Tub/Spa* Methamphetamine
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):________________________________
________________________________________________________________
________________________________________________________________
*A single blockable main drain may cause a suction entrapment
hazard for an individual.
5. Are you (Seller) aware of any item, equipment, or system in or
on the property that is in need of repair? __ Yes (if you are
aware) __ No (if you are not aware). If yes, explain (attach
additional sheets as necessary).
_________________________________
6. Are you (Seller) aware of any of the following conditions?*
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Present flood insurance coverage
__ Previous flooding due to a failure or breach of a reservoir or a
controlled or emergency release of water from a reservoir
__ Previous water penetration into a structure on the property due
to a natural flood event
Write Yes (Y) if you are aware and check wholly or partly as
applicable, write No (N) if you are not aware.
__ Located ( ) wholly ( ) partly in a 100-year floodplain (Special
Flood Hazard Area-Zone A, V, A99, AE, AO, AH, VE, or AR)
__ Located ( ) wholly ( ) partly in a 500-year floodplain (Moderate
Flood Hazard Area-Zone X (shaded))
__ Located ( ) wholly ( ) partly in a floodway
__ Located ( ) wholly ( ) partly in a flood pool
__ Located ( ) wholly ( ) partly in a reservoir
If the answer to any of the above is yes, explain (attach additional
sheets as necessary):
* For purposes of this notice:
"100-year floodplain" means any area of land that:
(A) is identified on the flood insurance rate map as a
special flood hazard area, which is designated as Zone A, V, A99,
AE, AO, AH, VE, or AR on the map;
(B) has a one percent annual chance of flooding, which
is considered to be a high risk of flooding; and
(C) may include a regulatory floodway, flood pool, or
reservoir.
"500-year floodplain" means any area of land that:
(A) is identified on the flood insurance rate map as a
moderate flood hazard area, which is designated on the map as Zone X
(shaded); and
(B) has a two-tenths of one percent annual chance of
flooding, which is considered to be a moderate risk of flooding.
"Flood pool" means the area adjacent to a reservoir that lies
above the normal maximum operating level of the reservoir and that
is subject to controlled inundation under the management of the
United States Army Corps of Engineers.
"Flood insurance rate map" means the most recent flood hazard
map published by the Federal Emergency Management Agency under the
National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et
seq.).
"Floodway" means an area that is identified on the flood
insurance rate map as a regulatory floodway, which includes the
channel of a river or other watercourse and the adjacent land areas
that must be reserved for the discharge of a base flood, also
referred to as a 100-year flood, without cumulatively increasing
the water surface elevation more than a designated height.
"Reservoir" means a water impoundment project operated by the
United States Army Corps of Engineers that is intended to retain
water or delay the runoff of water in a designated surface area of
land.
7. Have you (Seller) ever filed a claim for flood damage to the
property with any insurance provider, including the National Flood
Insurance Program (NFIP)?* __ Yes __ No. If yes, explain (attach
additional sheets as necessary):
*Homes in high risk flood zones with mortgages from federally
regulated or insured lenders are required to have flood
insurance. Even when not required, the Federal Emergency
Management Agency (FEMA) encourages homeowners in high risk,
moderate risk, and low risk flood zones to purchase flood insurance
that covers the structure(s) and the personal property within the
structure(s).
8. Have you (Seller) ever received assistance from FEMA or the
U.S. Small Business Administration (SBA) for flood damage to the
property? __ Yes __ No. If yes, explain (attach additional sheets
as necessary):
9. Are you (Seller) aware of any of the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ 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.
__ 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.
__ Homeowners' Association or maintenance fees or assessments. __ Homeowners' Association or maintenance fees or assessments.
__ Homeowners' Association or maintenance fees or assessments.
__ 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.
__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
__ 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.
__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
__ Any lawsuits directly or indirectly affecting the Property. __ Any lawsuits directly or indirectly affecting the Property.
__ Any lawsuits directly or indirectly affecting the Property.
__ 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.
__ Any condition on the Property which materially affects the physical health or safety of an individual.
__ 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.
__ 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 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.
__ Any portion of the property that is located in a groundwater conservation district or a subsidence district.
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary): ______________________________
________________________________________________________________
________________________________________________________________
10. If the property is located in a coastal area that is seaward of
the Gulf Intracoastal Waterway or within 1,000 feet of the mean high
tide bordering the Gulf of America [Gulf of Mexico], the property
may be subject to the Open Beaches Act or the Dune Protection Act
(Chapter 61 or 63, Natural Resources Code, respectively) and a
beachfront construction certificate or dune protection permit may
be required for repairs or improvements. Contact the local
government with ordinance authority over construction adjacent to
public beaches for more information.
11. This property may be located near a military installation and
may be affected by high noise or air installation compatible use
zones or other operations. Information relating to high noise and
compatible use zones is available in the most recent Air
Installation Compatible Use Zone Study or Joint Land Use Study
prepared for a military installation and may be accessed on the
Internet website of the military installation and of the county and
any municipality in which the military installation is located.
_______________ ________________________________________
Date Signature of Seller
The undersigned purchaser hereby acknowledges receipt of the
foregoing notice.
_______________ ________________________________________
Date Signature of Purchaser
SECTION 13.02. Section 204.002(a), Property Code, is
amended to read as follows:
(a) This chapter applies only to a residential real estate
subdivision, excluding a condominium development governed by Title
7 that is located in whole or in part:
(1) in a county with a population of 3.3 million or
more;
(2) in a county with a population of not less than
315,000 and not more than 351,000 that is adjacent to the Gulf of
America [Gulf of Mexico] and that is adjacent to a county having a
population of 3.3 million or more; or
(3) in a county with a population of 275,000 or more
that:
(A) is adjacent to a county with a population of
3.3 million or more; and
(B) contains part of a national forest.
ARTICLE 14. PARKS AND WILDLIFE CODE PROVISIONS
SECTION 14.01. Section 1.011(c), Parks and Wildlife Code,
is amended to read as follows:
(c) All the beds and bottoms and the products of the beds and
bottoms of the public rivers, bayous, lagoons, creeks, lakes, bays,
and inlets in this state and of that part of the Gulf of America
[Gulf of Mexico] within the jurisdiction of this state are the
property of this state. The state may permit the use of the waters
and bottoms and the taking of the products of the bottoms and
waters.
SECTION 14.02. Section 13.023(a), Parks and Wildlife Code,
is amended to read as follows:
(a) The department shall:
(1) during reasonable daylight hours, as established
and posted by the department, from Memorial Day to Labor Day,
provide:
(A) occupied lifeguard towers or mobile
lifeguard units on each side of each pier, jetty, or other structure
that protrudes into the Gulf of America [Gulf of Mexico] that is
located within a state park; or
(B) a single occupied lifeguard tower or mobile
lifeguard unit at each pier, jetty, or other structure that
protrudes into the Gulf of America [Gulf of Mexico] that is located
within a state park if the single tower provides an unobstructed
view of both sides of each structure; and
(2) post within 100 yards of each side of each
structure described by Subdivision (1) signs clearly describing the
dangerous water conditions that may occur near the structure.
SECTION 14.03. Section 13.314, Parks and Wildlife Code, is
amended to read as follows:
Sec. 13.314. COMPLIANCE IN FISHERY MANAGEMENT. The
department may cooperate and contract with the Gulf of America
[Gulf of Mexico] Fishery Management Council or the National Marine
Fisheries Service for conduct of such work as may be necessary in
complying with requirements of the Fishery Conservation and
Management Act of 1976 (16 U.S.C.A. Section 1801 et seq.).
SECTION 14.04. Section 21.111(c), Parks and Wildlife Code,
is amended to read as follows:
(c) If any state park site includes a public beach on the
seaward shore of the Gulf of America [Gulf of Mexico], extending
from the line of mean low tide to the line of vegetation, over which
the public has acquired a right of use or easement to or over the
area by prescription or dedication or has retained a right by virtue
of continuous right in the public, no entrance or gate fee may be
charged to persons desiring to enter or to leave the public beach
area, so long as the persons do not enter any other portion of the
park for which an entrance or gate fee is charged.
SECTION 14.05. Section 43.402(a), Parks and Wildlife Code,
is amended to read as follows:
(a) Except as provided by Subsection (b) or (c) of this
section, no person may engage in fishing in saltwater for sporting
purposes in this state, or unload in this state fish or other
aquatic life taken for sporting purposes from waters managed by the
Gulf of America [Gulf of Mexico] Fishery Management Council
established under the Fishery Conservation and Management Act of
1976 (16 U.S.C. Section 1801 et seq.), unless the person has
acquired a saltwater sportfishing stamp endorsement issued to the
person by the department. The commission by rule may prescribe
requirements relating to possessing a stamp endorsement required by
this subchapter.
SECTION 14.06. Section 46.001(a), Parks and Wildlife Code,
is amended to read as follows:
(a) No person may fish in the public water of this state, or
unload in this state fish or other aquatic life taken for sporting
purposes from waters managed by the Gulf of America [Gulf of Mexico]
Fishery Management Council established under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. Section 1801 et
seq.), unless the person has acquired a fishing license issued
under this subchapter, except as provided by Sections 46.0012 and
46.002. The commission by rule may prescribe requirements relating
to possessing a license required by this subchapter.
SECTION 14.07. Section 47.001(7), Parks and Wildlife Code,
is amended to read as follows:
(7) "Tidal water" means all the salt water of this
state, including that portion of the state's territorial water in
the Gulf of America [Gulf of Mexico] within three marine leagues
from shore.
SECTION 14.08. Sections 47.038(a) and (a-1), Parks and
Wildlife Code, are amended to read as follows:
(a) Except as provided by Subsection (a-1), nets or purse
seines used for catching menhaden may not be:
(1) less than one and one-half inch stretched mesh,
excluding the bag;
(2) used in any bay, river, pass, or tributary, nor
within one mile of any barrier, jetty, island, or pass, nor within
one-half mile offshore in the Gulf of America [Gulf of Mexico]; or
(3) used for the purpose of taking edible aquatic
products for the purpose of barter, sale, or exchange.
(a-1) The holder of a Class C menhaden boat license issued
under Section 47.008 may use a cast net, as defined by the
commission, to catch menhaden in any coastal bay, river, or
tributary landward from the shoreline of the state along the coast
of the Gulf of America [Gulf of Mexico].
SECTION 14.09. Sections 62.0061(a) and (b), Parks and
Wildlife Code, are amended to read as follows:
(a) Except as provided by Subsection (b), a person may not
hunt or take any wild animal or wild bird when the person is on or
over privately owned land that is:
(1) submerged under:
(A) public fresh water due to seasonal or
occasional innundation; or
(B) public salt water and located above the mean
high tide line of the Gulf of America [Gulf of Mexico] and its bays
and estuaries; and
(2) conspicuously marked as privately owned by a sign
or signs that are substantially similar to the following:
POSTED. PRIVATE PROPERTY. NO HUNTING.
(b) This section does not apply to:
(1) fishing or to fish and other aquatic life;
(2) a person who:
(A) owns the submerged land; or
(B) obtains the landowner's consent;
(3) land that is dedicated to the permanent school
fund and that is located within:
(A) the tidewater limits of this state; or
(B) the gradient boundaries of a navigable river
or stream in this state; or
(4) land that is:
(A) submerged by public water; and
(B) located below the mean high tide line of the
Gulf of America [Gulf of Mexico] and its bays and estuaries.
SECTION 14.10. Section 66.015(a), Parks and Wildlife Code,
is amended to read as follows:
(a) In this section, "public water" means the bays,
estuaries, and water of the Gulf of America [Gulf of Mexico] within
the jurisdiction of the state, and the rivers, streams, creeks,
bayous, reservoirs, lakes, and portions of those waters where
public access is available without discrimination.
SECTION 14.11. Sections 66.204(a) and (b), Parks and
Wildlife Code, are amended to read as follows:
(a) The commission by proclamation may regulate the
placement of obstructions, traps, and mooring in fish passes and
the marking of restricted areas in any natural or artificial pass
that is opened, reopened, dredged, excavated, constructed, or
maintained by the department as a fish pass between the Gulf of
America [Gulf of Mexico] and an inland bay.
(b) No person may operate, possess, or moor a vessel or
other floating device, or may place any piling, wire, rope, cable,
net, trap, or other obstruction, in a natural or artificial pass
opened, reopened, dredged, excavated, constructed, or maintained
by the department as a fish pass between the Gulf of America [Gulf
of Mexico] and an inland bay within the distance inside the pass
from the mouth of the pass where it empties into the Gulf of America
[Gulf of Mexico] to a marker or sign erected by the department
indicating the restricted area.
SECTION 14.12. Section 66.301, Parks and Wildlife Code, is
amended to read as follows:
Sec. 66.301. DEFINITION. In this subchapter, "coastal
water" means all of the salt water of this state, including that
portion of the Gulf of America [Gulf of Mexico] within the
jurisdiction of this state.
SECTION 14.13. Sections 77.001(1), (2), (3) and (13), Parks
and Wildlife Code, are amended to read as follows:
(1) "Coastal water" means all the salt water of this
state, including that portion of the Gulf of America [Gulf of
Mexico] within the jurisdiction of the state.
(2) "Inside water" means all bays, inlets, outlets,
passes, rivers, streams, and other bodies of water landward from
the shoreline of the state along the Gulf of America [Gulf of
Mexico] and contiguous to, or connected with, but not a part of, the
Gulf of America [Gulf of Mexico] and within which the tide regularly
rises and falls and in which saltwater shrimp are found or into
which saltwater shrimp migrate.
(3) "Outside water" means the salt water of the state
contiguous to and seaward from the shoreline of the state along the
Gulf of America [Gulf of Mexico] as the shoreline is projected and
extended in a continuous and unbroken line, following the contours
of the shoreline, across bays, inlets, outlets, passes, rivers,
streams, and other bodies of water; and that portion of the Gulf of
America [Gulf of Mexico] extending from the shoreline seaward and
within the jurisdiction of the state.
(13) "Contiguous zone," means that area of the Gulf of
America [Gulf of Mexico] lying adjacent to and offshore of the
jurisdiction of the State of Texas and in which shrimp of the genus
Penaeus are found.
SECTION 14.14. Section 77.072, Parks and Wildlife Code, is
amended to read as follows:
Sec. 77.072. SHRIMP SIZE EXCEPTION. Minimum size
restrictions as provided in Chapter 77, Parks and Wildlife Code, as
amended, do not apply to shrimp taken from outside waters when:
(1) the Gulf of America [Gulf of Mexico] Fishery
Management Council's Fishery Management Plan for the Shrimp Fishery
of the Gulf of America [Gulf of Mexico] is in effect; and
(2) such plan as described in Subsection (a) of this
section restricts the taking of shrimp in the Fishery Conservation
Zone contiguous to the outside waters of Texas, to conform with the
Texas closed Gulf season as defined in Sections 77.061(1) and
77.062 of this code.
SECTION 14.15. Section 79.001, Parks and Wildlife Code, is
amended to read as follows:
Sec. 79.001. COMPLIANCE. The department is authorized to
cooperate with the Gulf of America [Gulf of Mexico] Fishery
Management Council established pursuant to the Fishery
Conservation and Management Act of 1976 (16 U.S.C.A. Section 1801
et seq.), in developing state management programs which are
consistent with plans proposed by the council and approved by the
secretary of commerce.
SECTION 14.16. Section 86.0151(a), Parks and Wildlife Code,
is amended to read as follows:
(a) A nonprofit corporation, fund, or foundation exempted
from federal income taxes under Section 503(c)(3), Internal Revenue
Code of 1954, as amended (26 U.S.C. Sec. 503(c)(3)), may take sand,
gravel, marl, shell, and mudshell from Brown Cedar Cut in Matagorda
County for the sole purpose of opening and reopening that passage
between the Gulf of America [Gulf of Mexico] and East Matagorda Bay.
SECTION 14.17. Section 86.0152(a), Parks and Wildlife Code,
is amended to read as follows:
(a) A nonprofit corporation, fund, or foundation exempted
from federal income taxes under Section 501(c)(3), Internal Revenue
Code of 1954, as amended (26 U.S.C. Sec. 501(c)(3)), or a political
subdivision of the state may take sand, gravel, marl, shell, and
mudshell from Cedar Bayou in Aransas County for the sole purpose of
opening and reopening that passage between the Gulf of America
[Gulf of Mexico] and Mesquite Bay.
SECTION 14.18. Section 91.008, Parks and Wildlife Code, is
amended to read as follows:
Sec. 91.008. TEXT OF COMPACT. The Gulf States Marine
Fisheries Compact reads as follows:
GULF STATES MARINE FISHERIES COMPACT
The contracting states solemnly agree:
ARTICLE I
Whereas the Gulf Coast States have the proprietary interest
in and jurisdiction over fisheries in the waters within their
respective boundaries, it is the purpose of this compact to promote
the better utilization of the fisheries, marine, shell and
anadromous, of the seaboard of the Gulf of America [Gulf of Mexico],
by the development of a joint program for the promotion and
protection of such fisheries and the prevention of the physical
waste of the fisheries from any cause.
ARTICLE II
This compact shall become operative immediately as to those
states ratifying it whenever any two or more of the states of
Florida, Alabama, Mississippi, Louisiana and Texas have ratified it
and the Congress has given its consent, pursuant to Article I,
Section 10 of the Constitution of the United States. Any state
contiguous to any of the aforementioned states or riparian upon
waters which flow into waters under the jurisdiction of any of the
aforementioned States and which are frequented by anadromous fish
or marine species, may become a party hereto as hereinafter
provided.
ARTICLE III
Each state joining herein shall appoint three
representatives to a commission hereby constituted and designated
as the Gulf States Marine Fisheries Commission. One shall be the
head of the administrative agency of such State charged with the
conservation of the fishery resources to which this compact
pertains; or, if there be more than one officer or agency, the
official of that State named by the Governor thereof. The second
shall be a member of the Legislature of such State designated by
such Legislature, or in the absence of such designation, such
legislator shall be designated by the Governor thereof; provided
that if it is constitutionally impossible to appoint a legislator
as a commissioner from such State, the second member shall be
appointed in such manner as may be established by law. The third
shall be a citizen who shall have a knowledge of and interest in the
marine fisheries, to be appointed by the Governor. This commission
shall be a body corporate with the powers and duties set forth
herein.
ARTICLE IV
The duty of the said commission shall be to make inquiry and
ascertain from time to time such methods, practices, circumstances
and conditions as may be disclosed for bringing about the
conservation and the prevention of the depletion and physical waste
of the fisheries, marine, shell and anadromous, of the Gulf Coast.
The commission shall have power to recommend the coordination of
the exercise of the police powers of the several States within their
respective jurisdictions to promote the preservation of these
fisheries and their protection against over-fishing, waste,
depletion or any abuse whatsoever, and to assure a continuing yield
from the fishery resources of the aforementioned States. To that
end the commission shall draft and recommend to the Governors and
Legislatures of the various signatory States, legislation dealing
with the conservation of the marine, shell and anadromous fisheries
of the Gulf seaboard. The commission shall from time to time present
to the Governor of each compacting State its recommendations
relating to enactments to be presented to the Legislature of that
State in furthering the interest and purposes of this compact. The
commission shall consult with and advise the pertinent
administrative agencies in the States party hereto with regard to
problems connected with the fisheries, and recommend the adoption
of such regulations as it deems advisable. The commission shall
have power to recommend to the States party hereto the stocking of
the waters of such States with fish and fish eggs or joint stocking
by some or all of the States party hereto, and when two or more
States shall jointly stock waters the commission shall act as the
coordinating agency for such stocking.
ARTICLE V
The commission shall elect from its number a chairman and
vice-chairman and shall appoint, and at its pleasure remove or
discharge, such officers and employees as may be required to carry
the provisions of this compact into effect and shall fix and
determine their duties, qualifications and compensation. Said
commission shall adopt rules and regulations for the conduct of its
business. It may establish and maintain one or more offices for the
transaction of its business, and may meet at any time or place; but
must meet at least once a year.
ARTICLE VI
No action shall be taken by the commission in regard to its
general affairs except by the affirmative vote of a majority of the
whole number of compacting States. No recommendation shall be made
by the commission in regard to any species of fish except by the
affirmative vote of a majority of the compacting States which have
an interest in such species. The commission shall define what shall
be an interest.
ARTICLE VII
The Fish and Wildlife Service of the Department of the
Interior of the Government of the United States shall act as the
primary research agency of the Gulf States Marine Fisheries
Commission, cooperating with the research agencies in each State
for that purpose. Representatives of the said Fish and Wildlife
Service shall attend the meetings of the commission. An advisory
committee to be representative of the commercial salt water
fishermen and the salt water anglers and such other interests of
each State as the commissioners deem advisable may be established
by the commissioners from each State for the purpose of advising
those commissioners upon such recommendations as it may desire to
make.
ARTICLE VIII
When any State, other than those named specifically in
Article II of this compact, shall become a party hereto for the
purpose of conserving its anadromous fish or marine species in
accordance with the provisions of Article II, the participation of
such State in the action of the commission shall be limited to such
species of fish.
ARTICLE IX
Nothing in this compact shall be construed to limit the
powers of the proprietary interest of any signatory State, or to
repeal or prevent the enactment of any legislation or the
enforcement of any requirement by a signatory State, imposing
additional conditions and restrictions to conserve its fisheries.
ARTICLE X
It is agreed that any two or more States party hereto may
further amend this compact by acts of their respective
Legislatures, subject to approval of Congress as provided in
Article I, Section X, of the Constitution of the United States, to
designate the Gulf States Marine Fisheries Commission as a joint
regulating authority for the joint regulation of specific fisheries
affecting only such States as shall so compact, and at their joint
expense. The representatives of such States shall constitute a
separate section of the Gulf States Marine Fisheries Commission for
the exercise of the additional powers so granted, but the creation
of such section shall not be deemed to deprive the States so
compacting of any of their privileges or powers in the Gulf States
Marine Fisheries Commission as constituted under the other Articles
of this compact.
ARTICLE XI
Continued absence of representation or of any representative
on the commission from any State party hereto, shall be brought to
the attention of the Governor thereof.
ARTICLE XII
The operating expenses of the Gulf States Marine Fisheries
Commission shall be borne by the States party hereto. Such initial
appropriation as set forth below shall be made available yearly
until modified as hereinafter provided:
Florida $3,500.00 Florida $3,500.00
Florida $3,500.00
Alabama 1,000.00 Alabama 1,000.00
Alabama 1,000.00
Mississippi 1,000.00 Mississippi 1,000.00
Mississippi 1,000.00
Louisiana 5,000.00 Louisiana 5,000.00
Louisiana 5,000.00
Texas 2,500.00 Texas 2,500.00
Texas 2,500.00
Total $13,000.00 Total $13,000.00
Total $13,000.00
The proration and total cost per annum of Thirteen Thousand
($13,000.00) Dollars, above mentioned, is estimative only, for
initial operations, and may be changed when found necessary by the
commission and approved by the Legislatures of the respective
States. Each State party hereto agrees to provide in the manner most
acceptable to it, the travel costs and necessary expenses of its
commissioners and other representatives to and from meetings of the
commission or its duly constituted sections or committees.
ARTICLE XIII
This compact shall continue in force and remain binding upon
each compacting State until renounced by Act of the Legislature of
such State, in such form as it may choose; provided that such
renunciation shall not become effective until six months after the
effective date of the action taken by the Legislature. Notice of
such renunciation shall be given the other States party hereto by
the Secretary of State of compacting State so renouncing upon
passage of the Act.
ARTICLE 15. SPECIAL DISTRICT LOCAL LAWS PROVISIONS
SECTION 15.01. Section 5002.151(3), Special District Local
Laws, is amended to read as follows:
(3) "Protected zone" means the portion of the
corporate limits of the City of Freeport as they exist on September
1, 2023, that lies:
(A) within the enclosed space bounded by
beginning at the intersection of State Highway 36 and the center of
the Brazos River, then north along the center of the Brazos River to
the intersection of the center of the Brazos River and the center of
the DOW fresh water canal, then north and east along the center of
the DOW fresh water canal to the intersection of the center of the
DOW fresh water canal and Farm-to-Market Road 1495, then south
along Farm-to-Market Road 1495 to the intersection of
Farm-to-Market Road 1495 and State Highway 36, and then west along
State Highway 36 to the intersection of State Highway 36 and the
center of the Brazos River;
(B) within Brazoria County 2020 United States
Census tract 664501 blocks 2027, 2032, and 2034;
(C) within the enclosed space bounded by
beginning at the intersection of Farm-to-Market Road 1495 and the
Intracoastal Waterway, then west along the Intracoastal Waterway to
the intersection of the Intracoastal Waterway and the Brazos River,
then south along the Brazos River to the Gulf of America [Gulf of
Mexico], then east along the Gulf of America [Gulf of Mexico] to the
intersection of a line extending from the southern terminus of
Farm-to-Market Road 1495 due south to the intersection with the
Gulf of America [Gulf of Mexico], and then due north to the
intersection of Farm-to-Market Road 1495 and the Intracoastal
Waterway;
(D) adjacent to the old Brazos River channel and
inside the floodgate, which is zoned as a W-1 District under the
zoning ordinance, and bounded by Farm-to-Market Road 1495 on the
west;
(E) within the portion of Brazoria County 2020
United States Census tract 664200 blocks 2059, 2060, and 2061 that
lies within 3,500 feet of the centerline of State Highway 332;
(F) within the 13.316 acre tract of land
described in that certain Deed recorded in Volume 11199, at Page 471
of the Brazoria County Real Property Records; or
(G) within the 56.751 acre tract of land
described in that certain Deed of Exchange recorded in Volume
86286, at Page 927 of the Brazoria County Real Property Records.
SECTION 15.02. Section 5002.201(a), Special District Local
Laws, is amended to read as follows:
(a) This section applies only to property:
(1) owned or leased by the district; and
(2) located in:
(A) the district; and
(B) the boundaries or extraterritorial
jurisdiction of a municipality with a population of less than
20,000 that is wholly located in the district and whose corporate
limits border the Gulf of America [Gulf of Mexico].
SECTION 15.03. Section 5002.205(a), Special District Local
Laws, is amended to read as follows:
(a) This section applies only to a municipality with a
population of more than 5,000 that is wholly located in the district
and to property:
(1) owned or leased by the district;
(2) located in the district and within seven miles of
the Gulf of America [Gulf of Mexico]; and
(3) located in the corporate limits or
extraterritorial jurisdiction of a municipality that is subject to
this section.
SECTION 15.04. Section 5201.005(b), Special District Local
Laws, is amended to read as follows:
(b) The district may construct, acquire, improve, operate,
or maintain a road facility:
(1) in the district;
(2) from a point in the district to a point outside of
the district in Galveston County; or
(3) from a point in the district in, over, through, or
under the Gulf of America [Gulf of Mexico] or a bay or inlet opening
into the gulf to a point outside of the district and located in
another county.
ARTICLE 16. TRANSPORTATION CODE PROVISIONS
SECTION 16.01. Section 52.002(1), Transportation Code, is
amended to read as follows:
(1) "Adjacent coastal county" means a county bordering
the Gulf of America [Gulf of Mexico] that has an onshore storage
facility for a deepwater port for which an application has been
filed.
SECTION 16.02. Section 54.001, Transportation Code, is
amended to read as follows:
Sec. 54.001. APPLICABILITY OF CHAPTER. This chapter
applies only to a municipality that:
(1) is located on:
(A) the Gulf of America [Gulf of Mexico]; or
(B) a channel, canal, bay, or inlet connected to
that gulf; and
(2) has a population of more than 5,000.
SECTION 16.03. Section 61.002(6), Transportation Code, is
amended to read as follows:
(6) "Port" means a place in this state into which a
vessel enters or from which a vessel departs. If the port connects
to the Gulf of America [Gulf of Mexico], "port" includes the
waterway leading from the port to the Gulf of America [Gulf of
Mexico].
SECTION 16.04. Section 61.006, Transportation Code, is
amended to read as follows:
Sec. 61.006. BOARD JURISDICTION. A board has exclusive
jurisdiction over piloting of vessels in this state between the
Gulf of America [Gulf of Mexico] and the ports in the board's
jurisdiction.
SECTION 16.05. Section 62.024, Transportation Code, is
amended to read as follows:
Sec. 62.024. JURISDICTION. The pilot board of a navigation
district has exclusive jurisdiction over the pilotage of a vessel
between the Gulf of America [Gulf of Mexico] and a port of the
navigation district, including an intermediate stop or landing
place on a navigable stream in the district.
SECTION 16.06. Section 66.002(3), Transportation Code, is
amended to read as follows:
(3) "Harris County port" means a place in Harris
County into which a vessel enters or from which a vessel departs and
the waterway leading to that place from the Gulf of America [Gulf of
Mexico].
SECTION 16.07. Section 67.002(3), Transportation Code, is
amended to read as follows:
(3) "Galveston County port" means a place in Galveston
County into which a vessel enters or from which a vessel departs and
the waterway leading to that place from the Gulf of America [Gulf of
Mexico].
SECTION 16.08. Section 68.002(2), Transportation Code, is
amended to read as follows:
(2) "Brazoria County port" means a place in Brazoria
County into which a vessel enters or from which a vessel departs and
the waterway leading to that place from the Gulf of America [Gulf of
Mexico].
SECTION 16.09. Section 69.002(3), Transportation Code, is
amended to read as follows:
(3) "Jefferson or Orange County port" means a place in
Jefferson or Orange County into which a vessel enters or from which
a vessel departs and the waterway leading to that place from the
Gulf of America [Gulf of Mexico].
SECTION 16.10. Section 69.064, Transportation Code, is
amended to read as follows:
Sec. 69.064. FACTORS FOR BOARD CONSIDERATION. In acting on
a pilotage rate change application, the board shall consider:
(1) characteristics of vessels to be piloted;
(2) the public interest in maintaining safe,
efficient, and reliable pilot services;
(3) the average number of hours spent by a pilot in
performing all pilot services and pilot services onboard vessels;
(4) costs to pilots to provide the required pilot
services;
(5) economic factors affecting the shipping industry
in the area in which the port is located;
(6) the average wages of masters of United States flag
vessels;
(7) an adequate and reasonable compensation for the
pilots and a fair return on the equipment and vessels that the
pilots employ in connection with pilot duties; and
(8) the relationship between pilotage rates in
Jefferson or Orange County ports and the rates applicable in other
ports of this state and in competitive ports in other states
bordering the Gulf of America [Gulf of Mexico].
SECTION 16.11. Section 70.002(3), Transportation Code, is
amended to read as follows:
(3) "Port of Corpus Christi" means a place into which a
vessel enters or from which a vessel departs and the waterway
leading to that place from the Gulf of America [Gulf of Mexico]
under the jurisdiction of the Port of Corpus Christi Authority.
SECTION 16.12. Section 283.001(4), Transportation Code, is
amended to read as follows:
(4) "Project" means a causeway, bridge, or tunnel,
including a necessary approach, fixture, accessory, or equipment
that:
(A) is located in one county; and
(B) traverses or lies under the water of the Gulf
of America [Gulf of Mexico], including a bay or inlet opening.
SECTION 16.13. Section 283.002, Transportation Code, is
amended to read as follows:
Sec. 283.002. APPLICABILITY. This chapter applies only to
a county that:
(1) borders on the Gulf of America [Gulf of Mexico];
and
(2) has a population of at least 20,000 as determined
before the issuance of bonds under this chapter.
SECTION 16.14. Section 284.002(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), this chapter
applies only to a county that:
(1) has a population of 50,000 or more and borders the
Gulf of America [Gulf of Mexico] or a bay or inlet opening into the
gulf;
(2) has a population of 2.5 million or more;
(3) is adjacent to a county that has a population of
2.5 million or more; or
(4) borders the United Mexican States.
SECTION 16.15. Section 341.002, Transportation Code, is
amended to read as follows:
Sec. 341.002. GENERAL AUTHORITY TO ACT. Subject to Chapter
33, Natural Resources Code, an individual, corporation, or
association may purchase, build, own, maintain, and operate a
structure across an arm, inlet, or saltwater bay of the Gulf of
America [Gulf of Mexico] located entirely in this state to provide a
causeway for vehicles, pedestrians, and railroads.
SECTION 16.16. Section 342.001(a), Transportation Code, is
amended to read as follows:
(a) The department may purchase, construct, maintain,
operate, or control a ferry that crosses:
(1) a bay, arm, channel, or saltwater lake emptying
into the Gulf of America [Gulf of Mexico];
(2) an inlet of the Gulf of America [Gulf of Mexico];
or
(3) a river or other navigable body of water.
SECTION 16.17. Section 463.002, Transportation Code, is
amended to read as follows:
Sec. 463.002. APPLICATION. This chapter applies to:
(1) a county that is contiguous to the Gulf of America
[Gulf of Mexico] or a bay or inlet opening into the gulf and that
borders the United Mexican States; and
(2) a county that borders a county described by
Subdivision (1).
SECTION 16.18. Section 551.404(c), Transportation Code, is
amended to read as follows:
(c) Subsection (b) applies only to a county that:
(1) borders or contains a portion of the Red River; or
(2) borders the Gulf of America [Gulf of Mexico] and
has a population of less than 500,000.
SECTION 16.19. Section 551A.001(2), Transportation Code,
is amended to read as follows:
(2) "Beach" means a beach area, publicly or privately
owned, that borders the seaward shore of the Gulf of America [Gulf
of Mexico].
SECTION 16.20. Section 551A.053(c), Transportation Code,
is amended to read as follows:
(c) Subsection (b) applies only to a county that:
(1) borders or contains a portion of the Red River;
(2) borders or contains a portion of the Guadalupe
River and contains a part of a barrier island that borders the Gulf
of America [Gulf of Mexico]; or
(3) is adjacent to a county described by Subdivision
(2) and:
(A) has a population of less than 37,000; and
(B) contains a part of a barrier island or
peninsula that borders the Gulf of America [Gulf of Mexico].
SECTION 16.21. Section 623.210, Transportation Code, is
amended to read as follows:
Sec. 623.210. OPTIONAL PROCEDURE. This subchapter provides
an optional procedure for the issuance of a permit for the movement
of oversize or overweight vehicles carrying cargo on state highways
located in counties:
(1) contiguous to the Gulf of America [Gulf of Mexico]
or a bay or inlet opening into the gulf and:
(A) adjacent to at least two counties with a
population of 550,000 or more; or
(B) bordering the United Mexican States; or
(2) contiguous to the Gulf of America [Gulf of Mexico]
or a bay or inlet opening into the gulf with a population of not more
than 200,000 and adjacent to a county described by Subdivision
(1)(A).
SECTION 16.22. Section 623.212, Transportation Code, is
amended to read as follows:
Sec. 623.212. PERMITS BY PORT AUTHORITY. The commission
may authorize a port authority to issue permits for the movement of
oversize or overweight vehicles carrying cargo on state highways
located in counties:
(1) contiguous to the Gulf of America [Gulf of Mexico]
or a bay or inlet opening into the gulf and:
(A) adjacent to at least two counties with a
population of 550,000 or more; or
(B) bordering the United Mexican States; or
(2) contiguous to the Gulf of America [Gulf of Mexico]
or a bay or inlet opening into the gulf with a population of not more
than 200,000 and adjacent to a county described by Subdivision
(1)(A).
SECTION 16.23. Section 623.219(b-1), Transportation Code,
is amended to read as follows:
(b-1) For a permit issued by a port authority contiguous to
the Gulf of America [Gulf of Mexico] or a bay or inlet opening into
the gulf with a population of not more than 200,000 that is adjacent
to a county described in Subsection (b), the commission shall, with
the consent of the port authority, designate the most direct route
from:
(1) the Matagorda County line to the entrance of the
Port of Palacios using State Highway 35;
(2) the Matagorda County line to the entrance of the
Port of Palacios using State Highway 60;
(3) the Matagorda County line to the entrance of the
Port of Palacios using FM 521; and
(4) the Matagorda County line to the entrance of the
Port of Palacios using State Highway 71.
SECTION 16.24. Section 623.406(b), Transportation Code, is
amended to read as follows:
(b) The transportation of a sealed intermodal shipping
container under a permit issued under this subchapter:
(1) must begin or end at a port authority or port of
entry that is located in a county contiguous to the Gulf of America
[Gulf of Mexico] or a bay or inlet opening into the gulf; and
(2) may not exceed 30 miles from the port authority or
port of entry and must be on a highway or road described by Section
623.405(b).
SECTION 16.25. Section 644.101(b), Transportation Code, is
amended to read as follows:
(b) A police officer of any of the following municipalities
is eligible to apply for certification under this section:
(1) a municipality with a population of 50,000 or
more;
(2) a municipality with a population of 25,000 or more
any part of which is located in a county with a population of
500,000 or more;
(3) a municipality with a population of less than
25,000:
(A) any part of which is located in a county with
a population of 3.3 million; and
(B) that contains or is adjacent to an
international port;
(4) a municipality with a population of at least
34,000 that is located in a county that borders two or more states;
(5) a municipality any part of which is located in a
county bordering the United Mexican States;
(6) a municipality with a population of less than
5,000 that is located:
(A) adjacent to a bay connected to the Gulf of
America [Gulf of Mexico]; and
(B) in a county adjacent to a county with a
population greater than 3.3 million;
(7) a municipality that is located:
(A) within 25 miles of an international port; and
(B) in a county that does not contain a highway
that is part of the national system of interstate and defense
highways and is adjacent to a county with a population greater than
3.3 million;
(8) a municipality with a population of less than
8,500 that:
(A) is the county seat; and
(B) contains a highway that is part of the
national system of interstate and defense highways;
(9) a municipality located in a county with a
population between 60,000 and 69,000 adjacent to a bay connected to
the Gulf of America [Gulf of Mexico];
(10) a municipality with a population of more than
40,000 and less than 50,000 that is located in a county with a
population of more than 285,000 and less than 300,000 that borders
the Gulf of America [Gulf of Mexico];
(11) a municipality with a population between 32,000
and 50,000 that is located entirely in a county that:
(A) has a population of less than 250,000;
(B) is adjacent to two counties that each have a
population of more than 1.2 million; and
(C) contains two highways that are part of the
national system of interstate and defense highways;
(12) a municipality with a population of more than
4,500 and less than 10,000 that:
(A) contains a highway that is part of the
national system of interstate and defense highways; and
(B) is located in a county with a population
between 175,000 and 190,000;
(13) a municipality with a population of less than
75,000 that is located in three counties, at least one of which has
a population greater than 3.3 million;
(14) a municipality with a population between 13,900
and 17,000 that:
(A) contains three or more numbered United States
highways; and
(B) is located in a county that is adjacent to a
county with a population of more than 200,000;
(15) a municipality with a population of less than
50,000 that is located in:
(A) a county that generated $20 million or more
in tax revenue collected under Chapters 201 and 202, Tax Code, from
oil and gas production during the preceding state fiscal year; or
(B) a county that is adjacent to two or more
counties described by Paragraph (A); or
(16) a municipality with a population of more than
2,000 that is located in a county:
(A) with a population of less than 200,000; and
(B) that borders:
(i) another state; and
(ii) the Gulf Intracoastal Waterway
(16) a municipality that is located:
(A) within 20 miles of an international airport;
and
(B) in a county that:
(i) contains an active quarry;
(ii) has a population of more than 150,000
but less than 170,000; and
(iii) is adjacent to a county with a
population of more than two million.
SECTION 16.26. Section 729.001(b), Transportation Code, is
amended to read as follows:
(b) In this section, "beach" means a beach bordering on the
Gulf of America [Gulf of Mexico] that extends inland from the line
of mean low tide to the natural line of vegetation bordering on the
seaward shore of the Gulf of America [Gulf of Mexico], or the larger
contiguous area to which the public has acquired a right of use or
easement to or over by prescription, dedication, or estoppel, or
has retained a right by virtue of continuous right in the public
since time immemorial as recognized by law or custom.
SECTION 16.27. Section 750.002, Transportation Code, is
amended to read as follows:
Sec. 750.002. SPEED OF VEHICLE IN PARK IN COUNTY BORDERING
GULF OF AMERICA [GULF OF MEXICO]. (a) A person commits an offense if
the person drives a vehicle at a speed greater than 30 miles per
hour within the boundaries of a county park located in a county that
borders on the Gulf of America [Gulf of Mexico], other than on a
beach as that term is defined by Section 61.012, Natural Resources
Code, in the park.
ARTICLE 17. TAX CODE PROVISIONS
SECTION 17.01. Sections 11.271(b) and (c), Tax Code, are
amended to read as follows:
(b) An owner or lessee of a marine or mobile drilling unit
designed for offshore drilling of oil or gas wells is entitled to an
exemption from taxation of the drilling unit if the drilling unit:
(1) is being stored in a county bordering on the Gulf
of America [Gulf of Mexico] or on a bay or other body of water
immediately adjacent to the Gulf of America [Gulf of Mexico];
(2) is not being stored for the sole purpose of repair
or maintenance; and
(3) is not being used to drill a well at the location
at which it is being stored.
(c) A person is entitled to an exemption from taxation of
the personal property the person owns or leases that is used,
constructed, acquired, stored, or installed solely as part of an
offshore spill response containment system, or that is used solely
for the development, improvement, storage, deployment, repair,
maintenance, or testing of such a system, if the system is being
stored while not in use in a county bordering on the Gulf of America
[Gulf of Mexico] or on a bay or other body of water immediately
adjacent to the Gulf of America [Gulf of Mexico]. Property
described by this subsection and not used for any other purpose is
considered to be property used wholly as an integral part of mobile
or marine drilling equipment designed for offshore drilling of oil
or gas wells.
SECTION 17.02. Section 31.03(d), Tax Code, is amended to
read as follows:
(d) This subsection applies only to a taxing unit located in
a county having a population of not less than 315,000 and not more
than 351,000 that borders a county having a population of 3.3
million or more and the Gulf of America [Gulf of Mexico]. The
governing body of a taxing unit that has its taxes collected by
another taxing unit that has adopted the split-payment option under
Subsection (a) may provide, in the manner required by law for
official action by the body, that the split-payment option does not
apply to the taxing unit's taxes collected by the other taxing unit.
SECTION 17.03. Section 41.44 (c-1), Tax Code, is amended to
read as follows:
(c-1) A property owner who files a notice of protest after
the deadline prescribed by Subsection (a) but before the taxes on
the property to which the notice applies become delinquent is
entitled to a hearing and determination of the protest if the
property owner was continuously employed in the Gulf of America
[Gulf of Mexico], including employment on an offshore drilling or
production facility or on a vessel, for a period of not less than 20
days during which the deadline prescribed by Subsection (a) passed,
and the property owner provides the appraisal review board with
evidence of that fact through submission of a letter from the
property owner's employer or supervisor or, if the property owner
is self-employed, a sworn affidavit.
SECTION 17.04. Section 156.2512(c)(1), Tax Code, is amended
to read as follows:
(1) "Eligible barrier island coastal municipality"
means a municipality:
(A) that borders on the Gulf of America [Gulf of
Mexico];
(B) that is located wholly or partly on a barrier
island; and
(C) that:
(i) includes an institution of higher
education that is part of the Texas Coastal Ocean Observation
Network under Section 33.065, Natural Resources Code;
(ii) includes a national estuarine research
reserve;
(iii) is located within 30 miles of the
United Mexican States; or
(iv) has a population of less than 10,000
and is located in a county with a population of at least 370,000
that is adjacent to a county with a population of at least
3,000,000.
SECTION 17.05. Section 156.252(a), Tax Code, is amended to
read as follows:
(a) In this section, "coastal county" means any county
adjacent to:
(1) the Gulf of America [Gulf of Mexico]; or
(2) Corpus Christi Bay.
SECTION 17.06. Section 321.101(g), Tax Code, is amended to
read as follows:
(g) For the purposes of Subsection (f), "territory" in a
municipality having a population of 5,000 or less and bordering on
the Gulf of America [Gulf of Mexico] does not include any area
covered by water and in which no person has a place of business to
which a sales tax permit issued under Subchapter F of Chapter 151
applies.
SECTION 17.07. Sections 351.001(3),(7), and (11), Tax Code,
are amended to read as follows:
(3) "Eligible coastal municipality" means:
(A) a home-rule municipality that borders on the
Gulf of America [Gulf of Mexico] and has a population of less than
80,000; or
(B) a municipality that borders on the Gulf of
America [Gulf of Mexico] and has a population of less than 1,500.
(7) "Eligible central municipality" means:
(A) a municipality with a population of more than
140,000 but less than 1.5 million that is located in a county with a
population of one million or more and that has adopted a capital
improvement plan for the construction or expansion of a convention
center facility;
(B) a municipality with a population of 250,000
or more that:
(i) is located wholly or partly on a barrier
island that borders the Gulf of America [Gulf of Mexico];
(ii) is located in a county with a
population of 300,000 or more; and
(iii) has adopted a capital improvement
plan to expand an existing convention center facility;
(11) "Eligible barrier island coastal municipality"
means a municipality:
(A) that borders on the Gulf of America [Gulf of
Mexico];
(B) that is located wholly on a barrier island;
and
(C) the boundaries of which are within 30 miles
of the United Mexican States.
SECTION 17.08. Section 351.003(c), Tax Code, is amended to
read as follows:
(c) The rate in a municipality that borders on the Gulf of
America [Gulf of Mexico] and has a population of more than 250,000
or in a municipality with a population of less than 5,000 adjacent
to a home-rule city with a population of less than 80,000 may not
exceed nine percent of the price paid for a room.
SECTION 17.09. Section 351.102(e), Tax Code, is amended to
read as follows:
(e) Subsection (b) applies only to:
(1) a municipality with a population of two million or
more;
(2) a municipality with a population of 700,000 or
more but less than 1.4 million;
(3) a municipality with a population of 350,000 or
more but less than 450,000 in which at least two professional sports
stadiums are located, each of which:
(A) has a seating capacity of at least 40,000
people; and
(B) was approved by the voters of the
municipality as a sports and community venue project under Chapter
334, Local Government Code; and
(4) a municipality with a population of less than
2,000 that:
(A) is located adjacent to a bay connected to the
Gulf of America [Gulf of Mexico];
(B) is located in a county with a population of
290,000 or more that is adjacent to a county with a population of
four million or more; and
(C) has a boardwalk on the bay.
SECTION 17.10. Section 351.1055(b), Tax Code, is amended to
read as follows:
(b) Notwithstanding any other provision of this chapter, a
home-rule municipality that borders on the Gulf of America [Gulf of
Mexico] and has a population of more than 250,000 may use all or any
portion of the revenue derived from the municipal hotel occupancy
tax from hotels in an area previously subject to a county hotel
occupancy tax and located on an island bordering the Gulf of America
[Gulf of Mexico] to clean and maintain public beaches in the
municipality.
SECTION 17.11. Section 351.1066(a), Tax Code, is amended to
read as follows:
(a) This section applies only to:
(1) a municipality with a population of at least 3,500
but less than 5,500 that is the county seat of a county with a
population of less than 50,000 that borders a county with a
population of more than 1.6 million;
(2) a municipality with a population of at least 2,800
but less than 3,500 that is the county seat of a county with a
population of less than 22,000 that is bordered by the Trinity River
and includes a state park and a portion of a wildlife management
area;
(3) a municipality with a population of at least 8,000
that is located in a county that borders the Pecos River and that
has a population of not more than 15,000;
(4) a municipality with a population of not more than
15,000 that is located in a county through which the Frio River
flows and an interstate highway crosses, and that has a population
of at least 15,000;
(5) a municipality with a population of not less than
7,500 that is located in a county with a population of not less than
40,000 but less than 250,000 that is adjacent to a county with a
population of less than 750;
(6) a municipality that is the county seat of a county
with a population of at least 8,500 and that county contains part of
the Chaparral Wildlife Management Area; and
(7) a municipality that has a population of not more
than 25,000, that contains a cultural heritage museum, and that is
located in a county that borders the United Mexican States and the
Gulf of America [Gulf of Mexico].
SECTION 17.12. Sections 351.107(a) and (e), Tax Code, are
amended to read as follows:
(a) This section applies only to a municipality that borders
on the Gulf of America [Gulf of Mexico] and has a population of more
than 250,000.
(e) Notwithstanding any other provision of this chapter, a
municipality to which this section applies may use all or any
portion of the revenue derived from the municipal hotel occupancy
tax from hotels in an area previously subject to a county hotel
occupancy tax and located on an island bordering the Gulf of America
[Gulf of Mexico] to clean and maintain public beaches in the
municipality.
SECTION 17.13. Section 351.10713(a), Tax Code, is amended
to read as follows:
(a) This section applies only to a municipality that is the
county seat of a county:
(1) that borders the Gulf of America [Gulf of Mexico];
and
(2) through which the Colorado River flows.
SECTION 17.14. Section 351.152, Tax Code, is amended to
read as follows:
Sec. 351.152. APPLICABILITY. This subchapter applies only
to:
(1) a municipality described by Section
351.001(7)(B);
(2) a municipality described by Section
351.001(7)(D);
(3) a municipality described by Section
351.001(7)(E);
(4) a municipality described by Section
351.102(e)(3);
(5) a municipality that contains more than 70 percent
of the population of a county with a population of 1.5 million or
more;
(6) a municipality with a population of 175,000 or
more but less than 200,000 that is partially located in at least one
county with a population of 125,000 or more;
(7) a municipality with a population of 250,000 or
more but less than one million that is located in one county with a
population of 2.5 million or more;
(8) a municipality with a population of 180,000 or
more that:
(A) is located in two counties, each with a
population of 100,000 or more; and
(B) contains an American Quarter Horse Hall of
Fame and Museum;
(9) a municipality with a population of 96,000 or more
that is located in a county that borders Lake Palestine;
(10) a municipality with a population of 96,000 or
more that is located in a county that contains the headwaters of the
San Gabriel River;
(11) a municipality with a population of at least
95,000 that is located in a county that is bisected by United States
Highway 385 and has a population of not more than 170,000;
(12) a municipality with a population of 110,000 or
more but less than 135,000 at least part of which is located in a
county with a population of less than 135,000;
(13) a municipality with a population of 28,000 or
more but less than 31,000 that is located in two counties, each of
which has a population of 900,000 or more and a southern border with
a county with a population of 2.5 million or more;
(14) a municipality with a population of 200,000 or
more but less than 300,000 that contains a component institution of
the Texas Tech University System;
(15) a municipality with a population of 95,000 or
more that:
(A) is located in more than one county; and
(B) borders Lake Lewisville;
(16) a municipality with a population of 45,000 or
more that:
(A) contains a portion of Cedar Hill State Park;
(B) is located in two counties, one of which has a
population of 2.5 million or more and one of which has a population
of 190,000 or more; and
(C) has adopted a capital improvement plan for
the construction or expansion of a convention center facility;
(17) a municipality with a population of less than
10,000 that:
(A) is almost wholly located in a county with a
population of 900,000 or more that is adjacent to a county with a
population of 2.5 million or more;
(B) is partially located in a county with a
population of 2.1 million or more that is adjacent to a county with
a population of 2.5 million or more;
(C) has a visitor center and museum located in a
19th-century rock building in the municipality's downtown; and
(D) has a waterpark open to the public;
(18) a municipality with a population of 60,000 or
more that:
(A) borders Lake Ray Hubbard; and
(B) is located in two counties, one of which has a
population of less than 110,000;
(19) a municipality with a population of 110,000 or
more that:
(A) borders Clear Lake; and
(B) is primarily located in a county with a
population of less than 355,000;
(20) a municipality with a population of less than
2,000 that:
(A) is located adjacent to a bay connected to the
Gulf of America [Gulf of Mexico];
(B) is located in a county with a population of
290,000 or more that is adjacent to a county with a population of
four million or more; and
(C) has a boardwalk on the bay;
(21) a municipality with a population of 75,000 or
more that:
(A) is located wholly in one county with a
population of 800,000 or more that is adjacent to a county with a
population of four million or more; and
(B) has adopted a capital improvement plan for
the construction or expansion of a convention center facility;
(22) a municipality with a population of less than
70,000 that is located in three counties, at least one of which has
a population of four million or more;
(23) an eligible coastal municipality with a
population of 2,900 or more but less than 5,000;
(24) a municipality with a population of 90,000 or
more but less than 150,000 that:
(A) is located in three counties; and
(B) contains a branch campus of a component
institution of the University of Houston System;
(25) a municipality that is:
(A) primarily located in a county with a
population of four million or more; and
(B) connected by a bridge to a municipality
described by Subdivision (20);
(26) a municipality with a population of 25,000 or
more but less than 30,000 that:
(A) contains a portion of Mustang Bayou; and
(B) is wholly located in a county with a
population of less than 500,000;
(27) a municipality with a population of 70,000 or
more but less than 90,000 that is located in two counties, one of
which has a population of four million or more and the other of
which has a population of less than 50,000;
(28) a municipality with a population of 10,000 or
more that:
(A) is wholly located in a county with a
population of four million or more; and
(B) has a city hall located less than three miles
from a space center operated by an agency of the federal government;
(29) a municipality that is the county seat of a
county:
(A) through which the Pedernales River flows; and
(B) in which the birthplace of a president of the
United States is located;
(30) a municipality that contains a portion of U.S.
Highway 79 and State Highway 130;
(31) a municipality with a population of 70,000 or
more but less than 115,000 that is located in two counties, one of
which has a population of 1.1 million or more but less than 1.9
million;
(32) a municipality with a population of less than
25,000 that contains a museum of Western American art;
(33) a municipality with a population of 50,000 or
more that is the county seat of a county that contains a portion of
the Sam Houston National Forest;
(34) a municipality with a population of less than
25,000 that:
(A) contains a cultural heritage museum; and
(B) is located in a county that borders the
United Mexican States and the Gulf of America [Gulf of Mexico];
(35) a municipality that is the county seat of a county
that:
(A) has a population of 115,000 or more;
(B) is adjacent to a county with a population of
2.1 million or more; and
(C) hosts an annual peach festival;
(36) a municipality that is the county seat of a county
that:
(A) has a population of 800,000 or more; and
(B) is adjacent to a county with a population of
four million or more;
(37) a municipality with a population of less than
10,000 that:
(A) contains a component university of The Texas
A&M University System; and
(B) is located in a county adjacent to a county
that borders Oklahoma;
(38) a municipality with a population of less than
17,000 that:
(A) is located in two counties, each of which has
a population of 900,000 or more but less than two million; and
(B) hosts an annual Cajun Festival;
(39) a municipality with a population of 13,000 or
more that:
(A) is located on an international border; and
(B) is located in a county:
(i) with a population of less than 400,000;
and
(ii) in which at least one World Birding
Center site is located;
(40) a municipality with a population of 3,200 or more
that:
(A) is located on an international border; and
(B) is located not more than five miles from a
state historic site that serves as a visitor center for a state park
that contains 300,000 or more acres of land;
(41) a municipality with a population of 36,000 or
more that is adjacent to at least two municipalities described by
Subdivision (15);
(42) a municipality with a population of 28,000 or
more that is located in a county with a population of 240,000 or
more that contains a portion of the Blanco River and in which is
located a historic railroad depot and heritage center;
(43) a municipality located in a county that has a
population of not more than 300,000 and in which a component
university of the University of Houston System is located;
(44) a municipality with a population of less than
500,000 that is:
(A) located in two counties; and
(B) adjacent to a municipality described by
Subdivision (31);
(45) a municipality that:
(A) has a population of more than 67,000; and
(B) is located in two counties with 90 percent of
the municipality's territory located in a county with a population
of at least 800,000, and the remaining territory located in a county
with a population of at least four million;
(46) a municipality that:
(A) has a population of 100,000 or more; and
(B) is wholly located in, but is not the county
seat of, a county with a population of one million or more:
(i) in which all or part of a municipality
with a population of one million or more is located; and
(ii) that is adjacent to a county with a
population of 2.5 million or more;
(47) a municipality that is the county seat of a county
bordering the Gulf of America [Gulf of Mexico] and the United
Mexican States;
(48) a municipality that is bisected by the Guadalupe
River and is the county seat of a county with a population of
170,000 or more;
(49) a municipality with a population of 70,000 or
more but less than 150,000 that borders Joe Pool Lake;
(50) a municipality with a population of 115,000 or
more that borders the Neches River;
(51) a municipality described by Section 351.101(k);
(52) a municipality that is the county seat of a
county:
(A) through which the Brazos River flows; and
(B) in which a national monument is located;
(53) a municipality with a population of 45,000 or
more that:
(A) is not the county seat of a county;
(B) is located in a single county; and
(C) contains a portion of Lake Lewisville;
(54) a municipality that is the county seat of a county
with a population of more than 900,000 that is adjacent to two
counties, each of which has a population of more than 1.8 million;
(55) a municipality that hosts an annual wine festival
and is located in three counties, each of which has a population of
more than 900,000;
(56) a municipality that has a population of at least
150,000 but less than 1,300,000 and is partially located in a county
that contains a portion of Cedar Creek Reservoir;
(57) a municipality that is located in a county that
contains a portion of Cedar Creek Reservoir and in which a private
college is located;
(58) a municipality that is the county seat of a
county:
(A) with a population of one million or more;
(B) in which all or part of a municipality with a
population of one million or more is located; and
(C) that is located adjacent to a county with a
population of 2.5 million or more;
(59) a municipality that is the county seat of a county
that contains a portion of Cedar Creek Reservoir and borders a
county with a population of more than 240,000;
(60) a municipality with a population of more than
80,000 but less than 150,000 that is located in a county with a
population of more than 369,000 but less than 864,000 that contains
part of an active duty United States Army installation;
(61) a municipality with a population of 750,000 or
more that is located in a county with a population of 1.5 million or
less;
(62) a municipality with a population of less than
7,000 that contains a country music hall of fame;
(63) a municipality with a population of 35,000 or
more that contains a railroad museum and is located in a county
that:
(A) has a population of 800,000 or more; and
(B) is adjacent to a county with a population of
four million or more; and
(64) a municipality:
(A) that is the county seat of a county:
(i) with a population of 60,000 or less; and
(ii) that borders the Rio Grande; and
(B) in which is located a United States military
fort listed in the National Register of Historic Places.
SECTION 17.15. Section 352.002(a), Tax Code, is amended to
read as follows:
(a) The commissioners courts of the following counties by
the adoption of an order or resolution may impose a tax on a person
who, under a lease, concession, permit, right of access, license,
contract, or agreement, pays for the use or possession or for the
right to the use or possession of a room that is in a hotel, costs $2
or more each day, and is ordinarily used for sleeping:
(1) a county that has a population of more than 3.3
million;
(2) a county that has a population of 90,000 or more,
borders the United Mexican States, does not border the Gulf of
America [Gulf of Mexico], and does not have four or more cities that
each have a population of more than 25,000;
(3) a county in which there is no municipality;
(4) a county in which there is located an Indian
reservation under the jurisdiction of the United States government;
(5) a county that has a population of 30,000 or less,
that has no more than one municipality with a population of less
than 2,500, and that borders two counties located wholly in the
Edwards Aquifer Authority established by Chapter 626, Acts of the
73rd Legislature, Regular Session, 1993;
(6) a county that borders the Gulf of America [Gulf of
Mexico];
(7) a county that has a population of less than 5,000,
that borders the United Mexican States, and in which there is
located a major observatory;
(8) a county that has a population of 12,000 or less
and borders the Toledo Bend Reservoir;
(9) a county that has a population of less than 12,500
and an area of less than 275 square miles and does not border a
county that borders Arkansas and Louisiana;
(10) a county that has a population of 30,000 or less
and borders Possum Kingdom Lake;
(11) a county that borders a county with a population
of more than 300,000 and the United Mexican States and has a
population of more than 300,000 and less than 900,000;
(12) a county that has a population of 35,000 or more
and borders or contains a portion of Lake Fork Reservoir;
(13) a county that borders the United Mexican States
and in which there is located a national recreation area;
(14) a county that borders the United Mexican States
and in which there is located a national park of more than 400,000
acres;
(15) a county that has a population of 28,000 or less,
that has no more than four municipalities, and that is located
wholly in the Edwards Aquifer Authority established by Chapter 626,
Acts of the 73rd Legislature, Regular Session, 1993;
(16) a county that has a population of 25,000 or less,
whose territory is less than 750 square miles, and that has two
incorporated municipalities, each with a population of 800 or less,
at least one of which is located on the Frio River;
(17) a county that has a population of 34,000 or more
and borders Lake Buchanan;
(18) a county that has a population of more than 45,000
and less than 75,000, that borders the United Mexican States, and
that borders or contains a portion of Falcon Lake;
(19) a county with a population of 22,000 or less that
borders the Neches River and in which there is located a national
preserve;
(20) a county that has a population of 28,000 or less
and that borders or contains a portion of Lake Livingston;
(21) a county through which the Pedernales River flows
and in which the birthplace or the childhood home of a president of
the United States is located;
(22) a county that has a population of 35,000 or less
and borders Lake Buchanan;
(23) a county with a population of less than 11,000
that is bordered by the Sulphur River;
(24) a county that has a population of 16,000 or more
and borders the entire north shore of Lake Somerville;
(25) a county that has a population of 20,000 or less
and that is bordered by the Brazos and Navasota Rivers;
(26) a county that has a population of more than 15,000
and less than 25,000 and is located on the Trinity and Navasota
Rivers;
(27) a county that has a population of less than 15,000
and that is bordered by the Trinity and Navasota Rivers;
(28) a county that borders or contains a portion of the
Neches River, the Sabine River, and Sabine Lake; and
(29) a county that borders Whitney Lake.
SECTION 17.16. Section 352.003(f), Tax Code, is amended to
read as follows:
(f) The tax rate in a county that borders the Gulf of America
[Gulf of Mexico], has a population of more than 200,000, and borders
the Neches River may not exceed two percent of the price paid for a
room in a hotel in the county.
SECTION 17.17. Section 352.1033, Tax Code, is amended to
read as follows:
Sec. 352.1033. USE OF REVENUE; COUNTIES BORDERING THE GULF
OF AMERICA [GULF OF MEXICO]. (a) Subject to Subsection (c), the
revenue from a tax imposed under this chapter by a county that
borders the Gulf of America [Gulf of Mexico] authorized to impose
the tax by Section 352.002(a)(6) may be used only to:
(1) clean public beaches;
(2) acquire, furnish, or maintain facilities,
including parks, that enhance public access to beaches;
(3) provide and maintain public restrooms on or
adjacent to beaches or beach access facilities;
(4) provide and maintain litter containers on or
adjacent to beaches or beach access facilities;
(5) create, renovate, promote, and maintain parks
adjacent to bays, rivers, and other navigable waterways if the
county does not operate a public beach on the Gulf of America [Gulf
of Mexico];
(6) advertise and conduct solicitations and
promotional programs to attract tourists and convention delegates
or registrants to the county or its vicinity, any of which may be
conducted by the county or through contracts with persons or
organizations selected by the county;
(7) acquire a site for and construct, improve,
enlarge, equip, repair, operate, and maintain a visitor information
center; and
(8) encourage, promote, and improve historical
preservation and restoration efforts.
(b) A county that borders the Gulf of America [Gulf of
Mexico] and that is authorized to impose the tax by Section
352.002(a)(6) may use 50 percent or less of the revenue from the tax
for the promotion of tourism.
(c) In addition to the uses allowed by Subsection (a), a
county authorized to impose a tax under this chapter by Section
352.002(a)(6) that has a population of 50,000 or less and in which
there is located at least one national wildlife refuge may use the
revenue from the tax to:
(1) acquire, construct, furnish, or maintain
facilities, such as aquariums, birding centers and viewing sites,
history and art centers, and nature centers and trails;
(2) advertise and conduct solicitations and
promotional programs to attract conventions and visitors; and
(3) provide and maintain public restrooms and litter
containers on public land in an area that is a tourism venue.
(d) The limitation prescribed by Subsection (b) does not
apply to the use of revenue from a tax imposed under this chapter by
a county to which Subsection (c) applies.
ARTICLE 18. UTILITIES CODE PROVISIONS
SECTION 18.01. Section 39.9016, Utilities Code, is amended
to read as follows:
Sec. 39.9016. NUCLEAR SAFETY FEE. An electric utility that
operates a nuclear asset located in a county on the coast of the
Gulf of America [Gulf of Mexico] shall pay a nuclear safety fee for
the year 2000 and the year 2001 to each taxing unit in which the
nuclear asset is located, other than a school district, in an amount
equal to the difference between the ad valorem taxes imposed by the
taxing unit in 1999 and the amount of ad valorem taxes imposed by
the unit in the year for which the fee is due, except that the amount
of the fee may not exceed one-half the taxes imposed on the asset by
the unit in 1999. The nuclear safety fee shall be considered a tax
or fee under Section 39.258(5).
ARTICLE 19. WATER CODE PROVISIONS
SECTION 19.01. Section 11.002(11), Water Code, is amended
to read as follows:
(11) "River basin" means a river or coastal basin
designated by the board as a river basin under Section 16.051. The
term does not include waters originating in the bays or arms of the
Gulf of America [Gulf of Mexico].
SECTION 19.02. Section 11.021(a), Water Code, is amended to
read as follows:
(a) The water of the ordinary flow, underflow, and tides of
every flowing river, natural stream, and lake, and of every bay or
arm of the Gulf of America [Gulf of Mexico], and the storm water,
floodwater, and rainwater of every river, natural stream, canyon,
ravine, depression, and watershed in the state is the property of
the state.
SECTION 19.03. Section 11.023(f), Water Code, is amended to
read as follows:
(f) The water of any arm, inlet, or bay of the Gulf of
America [Gulf of Mexico] may be changed from salt water to sweet or
fresh water and held or stored by dams, dikes, or other structures
and may be taken or diverted for any purpose authorized by this
chapter.
SECTION 19.04. Section 11.050(a), Water Code, is amended to
read as follows:
(a) An appropriator authorized to take water for
irrigation, subject to the laws of the United States and the
regulations made under its authority, may construct gates or
breakwaters, dams, or dikes with gates, in waters wholly in this
state, as necessary to prevent pollution of the fresh water of any
river, bayou, or stream due to the ebb and flow of the tides of the
Gulf of America [Gulf of Mexico].
SECTION 19.05. Section 11.0871(a), Water Code, is amended
to read as follows:
(a) The commission may authorize, under conditions stated
in an order, a watermaster to provide for the temporary diversion
and use by holders of water rights of storm water or floodwater that
spills from dams and reservoirs on an international stream and
otherwise would flow into the Gulf of America [Gulf of Mexico]
without opportunity for beneficial use.
SECTION 19.06. Sections 11.1405(a) and (b), Water Code, are
amended to read as follows:
(a) The commission may issue a permit under this section to
authorize a diversion of state water from the Gulf of America [Gulf
of Mexico] or a bay or arm of the Gulf of America [Gulf of Mexico]
for desalination and use for industrial purposes if:
(1) the point of diversion is located less than three
miles seaward of any point located on the coast of this state; or
(2) the seawater contains a total dissolved solids
concentration based on a yearly average of samples taken monthly at
the water source of less than 20,000 milligrams per liter.
(b) A person may divert state water from the Gulf of America
[Gulf of Mexico] or a bay or arm of the Gulf of America [Gulf of
Mexico] for desalination and use for industrial purposes without
obtaining a permit if Subsection (a) does not apply.
SECTION 19.07. Section 11.142(c), Water Code, is amended to
read as follows:
(c) Without obtaining a permit, a person who is drilling and
producing petroleum and conducting operations associated with
drilling and producing petroleum may take for those purposes state
water from the Gulf of America [Gulf of Mexico] and adjacent bays
and arms of the Gulf of America [Gulf of Mexico] in an amount not to
exceed one acre-foot during each 24-hour period.
SECTION 19.08. Section 11.1421(b), Water Code, is amended
to read as follows:
(b) Without obtaining a permit and subject to the
requirements and limitations provided by Subsections (c) through
(e) of this section, a person who is engaged in mariculture
operations on land may take for that purpose state water from the
Gulf of America [Gulf of Mexico] and adjacent bays and arms of the
Gulf of America [Gulf of Mexico] in an amount appropriate to those
mariculture activities.
SECTION 19.09. Section 11.3271(h), Water Code, is amended
to read as follows:
(h) Before granting a permit to convey water down the banks
and bed of the Rio Grande, the commission shall adopt rules that
provide for the methods and procedures by which the watermaster
shall account for any discharge, delivery, conveyance, storage,
diversion, or associated loss of water conveyed down the banks and
bed of the Rio Grande. A permit to convey water down the banks and
bed of the Rio Grande may not allow the permit holder to share in any
beneficial state water inflows into the Rio Grande. The permit
holder is entitled to convey only the amount of water specified in
the permit, less the carriage losses incurred in transit, as
described and measured according to commission rules. A rule
adopted by the commission under this subsection must be consistent
with the Treaty Relating to the Utilization of the Waters of the
Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from
Fort Quitman, Texas, to the Gulf of America [Gulf of Mexico],
concluded by the United States and the United Mexican States on
February 3, 1944, and with any minute order adopted by the
International Boundary and Water Commission.
SECTION 19.10. Section 13.245(c-5), Water Code, is amended
to read as follows:
(c-5) Subsections (c-1), (c-2), (c-3), and (c-4) do not
apply to:
(1) a county that borders the United Mexican States
and the Gulf of America [Gulf of Mexico] or a county adjacent to
such a county;
(2) a county with a population of more than 30,000 and
less than 36,000 that borders the Red River; or
(3) a county with a population of more than 100,000 and
less than 200,000 that borders a county described by Subdivision
(2).
SECTION 19.11. Section 13.2451(b-1), Water Code, is amended
to read as follows:
(b-1) Subsection (b) does not apply to an extension of
extraterritorial jurisdiction in a county that borders the United
Mexican States and the Gulf of America [Gulf of Mexico] or a county
adjacent to such a county.
SECTION 19.12. Section 13.254(a-9), Water Code, is amended
to read as follows:
(a-9) Subsection (a-8) does not apply to a county that
borders the United Mexican States and the Gulf of America [Gulf of
Mexico] or a county adjacent to a county that borders the United
Mexican States and the Gulf of America [Gulf of Mexico].
SECTION 19.13. Section 16.053(e), Water Code, is amended to
read as follows:
(e) Each regional water planning group shall submit to the
development board a regional water plan that:
(1) is consistent with the guidance principles for the
state water plan adopted by the development board under Section
16.051(d);
(2) provides information based on data provided or
approved by the development board in a format consistent with the
guidelines provided by the development board under Subsection (d);
(2-a) is consistent with the desired future conditions
adopted under Section 36.108 for the relevant aquifers located in
the regional water planning area as of the most recent deadline for
the board to adopt the state water plan under Section 16.051 or, at
the option of the regional water planning group, established
subsequent to the adoption of the most recent plan; provided,
however, that if no groundwater conservation district exists within
the area of the regional water planning group, the regional water
planning group shall determine the supply of groundwater for
regional planning purposes; the Texas Water Development Board shall
review and approve, prior to inclusion in the regional water plan,
that the groundwater supply for the regional planning group without
a groundwater conservation district in its area is physically
compatible, using the board's groundwater availability models,
with the desired future conditions adopted under Section 36.108 for
the relevant aquifers in the groundwater management area that are
regulated by groundwater conservation districts;
(3) identifies:
(A) each source of water supply in the regional
water planning area, including information supplied by the
executive administrator on the amount of modeled available
groundwater in accordance with the guidelines provided by the
development board under Subsections (d) and (f);
(B) factors specific to each source of water
supply to be considered in determining whether to initiate a
drought response;
(C) actions to be taken as part of the response;
(D) existing major water infrastructure
facilities that may be used for interconnections in the event of an
emergency shortage of water; and
(E) unnecessary or counterproductive variations
in specific drought response strategies, including outdoor
watering restrictions, among user groups in the regional water
planning area that may confuse the public or otherwise impede
drought response efforts;
(4) has specific provisions for water management
strategies to be used during a drought of record;
(5) includes but is not limited to consideration of
the following:
(A) any existing water or drought planning
efforts addressing all or a portion of the region and potential
impacts on public health, safety, or welfare in this state;
(B) approved groundwater conservation district
management plans and other plans submitted under Section 16.054;
(C) all potentially feasible water management
strategies, including but not limited to improved conservation,
reuse, and management of existing water supplies, conjunctive use,
acquisition of available existing water supplies, and development
of new water supplies;
(D) protection of existing water rights in the
region;
(E) opportunities for and the benefits of
developing regional water supply facilities or providing regional
management of water supply facilities;
(F) appropriate provision for environmental
water needs and for the effect of upstream development on the bays,
estuaries, and arms of the Gulf of America [Gulf of Mexico] and the
effect of plans on navigation;
(G) provisions in Section 11.085(k)(1) if
interbasin transfers are contemplated;
(H) voluntary transfer of water within the region
using, but not limited to, regional water banks, sales, leases,
options, subordination agreements, and financing agreements;
(I) emergency transfer of water under Section
11.139, including information on the part of each permit, certified
filing, or certificate of adjudication for nonmunicipal use in the
region that may be transferred without causing unreasonable damage
to the property of the nonmunicipal water rights holder; and
(J) opportunities for and the benefits of
developing large-scale desalination facilities for:
(i) marine seawater that serve local or
regional entities; and
(ii) brackish groundwater that serve local
or regional brackish groundwater production zones identified and
designated under Section 16.060(b)(5);
(6) identifies river and stream segments of unique
ecological value and sites of unique value for the construction of
reservoirs that the regional water planning group recommends for
protection under Section 16.051;
(7) assesses the impact of the plan on unique river and
stream segments identified in Subdivision (6) if the regional water
planning group or the legislature determines that a site of unique
ecological value exists;
(8) describes the impact of proposed water projects on
water quality;
(9) includes information on:
(A) projected water use and conservation in the
regional water planning area;
(B) the implementation of state and regional
water plan projects, including water conservation strategies,
necessary to meet the state's projected water demands; and
(C) the implementation of large projects,
including reservoirs, interstate water transfers, innovative
technology projects, desalination plants, and other large projects
as determined by the board, including information regarding:
(i) expenditures of sponsor money;
(ii) permit applications, including the
status of a permit application; and
(iii) status updates on the phase of
construction of a project;
(10) if the regional water planning area has
significant identified water needs, provides a specific assessment
of the potential for aquifer storage and recovery projects to meet
those needs;
(11) sets one or more specific goals for gallons of
water use per capita per day in each decade of the period covered by
the plan for the municipal water user groups in the regional water
planning area; and
(12) assesses the progress of the regional water
planning area in encouraging cooperation between water user groups
for the purpose of achieving economies of scale and otherwise
incentivizing strategies that benefit the entire region.
SECTION 19.14. Section 16.321, Water Code, is amended to
read as follows:
Sec. 16.321. COASTAL FLOODING. The Commissioner of the
General Land Office shall adopt and enforce reasonable rules and
regulations necessary for protection from flooding on barrier
islands, peninsulas, and mainland areas fronting on the Gulf of
America [Gulf of Mexico]. Rules and regulations adopted pursuant
to this section shall be limited to those matters that political
subdivisions are authorized to address under Section 16.315 of this
code. Except as otherwise provided by this section, all actions
taken by political subdivisions under Section 16.315 of this code
with respect to flooding on barrier islands, peninsulas, and
mainland areas fronting on the Gulf of America [Gulf of Mexico] must
comply with rules and regulations adopted by the commissioner under
this section. A political subdivision may adopt rules that are more
stringent than those adopted by the commissioner under this
section, provided the stricter provisions are intended to ensure
compliance with the National Flood Insurance Program's rules,
regulations, and policies.
SECTION 19.15. Section 18.001(2) Water Code, is amended to
read as follows:
(2) "Marine seawater" means water that is derived from
the Gulf of America [Gulf of Mexico].
SECTION 19.16. Section 18.003(i) Water Code, is amended to
read as follows:
(i) The Parks and Wildlife Department and the General Land
Office jointly shall conduct a study to identify zones in the Gulf
of America [Gulf of Mexico] that are appropriate for the diversion
of marine seawater, taking into account the need to protect marine
organisms. Not later than September 1, 2018, the Parks and Wildlife
Department and the General Land Office shall submit a report on the
results of the study to the commission. The report must include
recommended diversion zones for designation by the commission and
recommendations for the number of points from which, and the rate at
which, a facility may divert marine seawater. Not later than
September 1, 2020, the commission by rule shall designate
appropriate diversion zones. A diversion zone may be contiguous
to, be the same as, or overlap a discharge zone. The point or points
from which a facility may divert marine seawater must be located in
a diversion zone designated by the commission under rules adopted
under this subsection if:
(1) the facility is authorized by a permit as required
by Subsection (a) issued after the rules are adopted; or
(2) the facility is exempt under Subsection (b) from
the requirement of a permit and construction of the facility begins
after the rules are adopted.
SECTION 19.17. Sections 18.005(c), (d), and (g), Water
Code, are amended to read as follows:
(c) A person must obtain a permit to discharge:
(1) treated marine seawater into a natural stream in
this state or a lake, reservoir, or other impoundment in this state;
or
(2) waste resulting from the desalination of treated
marine seawater into the Gulf of America [Gulf of Mexico].
(d) A person shall:
(1) treat marine seawater so as to meet standards that
are at least as stringent as the water quality standards adopted by
the commission applicable to the receiving stream or impoundment
before discharging the seawater under this section; and
(2) comply with all applicable state and federal
requirements when discharging waste resulting from the
desalination of marine seawater into the Gulf of America [Gulf of
Mexico].
(g) The Parks and Wildlife Department and the General Land
Office jointly shall conduct a study to identify zones in the Gulf
of America [Gulf of Mexico] that are appropriate for the discharge
of waste resulting from the desalination of marine seawater, taking
into account the need to protect marine organisms. Not later than
September 1, 2018, the Parks and Wildlife Department and the
General Land Office shall submit a report on the results of the
study to the commission. The report must include recommended
discharge zones for designation by the commission. Not later than
September 1, 2020, the commission by rule shall designate
appropriate discharge zones. The point at which a facility may
discharge waste resulting from the desalination of marine seawater
must be located in a discharge zone designated by the commission
under rules adopted under this subsection if the facility is
authorized by a permit issued under Subsection (c)(2) after the
rules are adopted.
SECTION 19.18. Section 26.001(5), Water Code, is amended to
read as follows:
(5) "Water" or "water in the state" means groundwater,
percolating or otherwise, lakes, bays, ponds, impounding
reservoirs, springs, rivers, streams, creeks, estuaries, wetlands,
marshes, inlets, canals, the Gulf of America [Gulf of Mexico],
inside the territorial limits of the state, and all other bodies of
surface water, natural or artificial, inland or coastal, fresh or
salt, navigable or nonnavigable, and including the beds and banks
of all watercourses and bodies of surface water, that are wholly or
partially inside or bordering the state or inside the jurisdiction
of the state.
SECTION 19.19. Sections 26.0272(b) and (c), Water Code, are
amended to read as follows:
(b) The commission may issue a permit for the discharge of
water treatment residuals from the desalination of seawater into
the portion of the Gulf of America [Gulf of Mexico] inside the
territorial limits of the state.
(c) Before issuing a permit under this section, the
commission must evaluate the discharge of water treatment residuals
from the desalination of seawater into the Gulf of America [Gulf of
Mexico] for compliance with the state water quality standards
adopted by the commission, the requirements of the Texas Pollutant
Discharge Elimination System program, and applicable federal law.
SECTION 19.20. Section 26.044(a)(4), Water Code, is amended
to read as follows:
(4) "Surface water in the state" means all lakes,
bays, ponds, impounding reservoirs, springs, rivers, streams,
creeks, estuaries, marshes, inlets, canals, the Gulf of America
[Gulf of Mexico] out three nautical miles into the Gulf, and all
other bodies of surface water, natural or artificial, inland or
coastal, fresh or salt, navigable or nonnavigable, and including
the beds and banks of all watercourses and bodies of surface water,
that are wholly or partially inside or bordering the state or inside
the jurisdiction of the state, except waters beyond three nautical
miles of any shore in the state.
SECTION 19.21. Section 27.040, Water Code, is amended to
read as follows:
Sec. 27.040. DEFINITION. In this subchapter, "offshore"
means the area in the Gulf of America [Gulf of Mexico] seaward of
the coast that is within three marine leagues of the coast.
SECTION 19.22. Section 28.001(4), Water Code, is amended to
read as follows:
(4) "Water" or "water in the state" means groundwater,
percolating or otherwise, lakes, bays, ponds, impounding
reservoirs, springs, rivers, streams, creeks, estuaries, marshes,
inlets, canals, the Gulf of America [Gulf of Mexico] inside the
territorial limits of the state, and all other bodies of natural and
artificial surface water that is inland or coastal, fresh or salt,
and navigable or nonnavigable, and includes the beds and banks of
all watercourses and bodies of surface water, that are wholly or
partially inside or bordering the state or inside the jurisdiction
of the state.
SECTION 19.23. Section 31.001(11), Water Code, is amended
to read as follows:
(11) "Water" or "water in the state" means
groundwater, percolating or otherwise, lakes, bays, ponds,
impounding reservoirs, springs, rivers, streams, creeks,
estuaries, marshes, inlets, canals, the Gulf of America [Gulf of
Mexico] inside the territorial limits of the state, and all other
bodies of natural and artificial surface water that are inland or
coastal, fresh or salt, and navigable or nonnavigable and includes
the beds and banks of all watercourses and bodies of surface water
that are wholly or partially inside or bordering the state or inside
the jurisdiction of the state.
SECTION 19.24. Section 36.001(23), Water Code, is amended
to read as follows:
(23) "River basin" means a river or coastal basin
designated as a river basin by the board under Section 16.051. The
term does not include waters of the bays or arms originating in the
Gulf of America [Gulf of Mexico].
SECTION 19.25. Section 49.2127(b), Water Code, is amended
to read as follows:
(b) This section applies only to a district whose territory
is located wholly or partly in a county:
(1) located on the Gulf of America [Gulf of Mexico] and
an international border; or
(2) adjacent to a county described by Subdivision (1).
SECTION 19.26. Section 49.502, Water Code, is amended to
read as follows:
Sec. 49.502. APPLICABILITY. This subchapter applies only
to a district, other than a drainage district, located wholly or
partly in a county:
(1) that borders the Gulf of America [Gulf of Mexico]
and the United Mexican States; or
(2) that is adjacent to a county described by
Subdivision (1).
SECTION 19.27. Section 54.235, Water Code, is amended to
read as follows:
Sec. 54.235. AUTHORITY TO CONTRACT. Any district created
by general law or special act of the legislature in existence for at
least 10 years which lies within a county that borders on the Gulf
of America [Gulf of Mexico] and that has a population of 190,000 and
which has the powers of this chapter and which also has or is
authorized to acquire road utility district powers pursuant to
Section 54.234, of this code, may contract with the county within
which it is located with respect to the ownership, maintenance, and
operation of any facilities or improvements which such district is
authorized or may be authorized to acquire by purchase, gift,
lease, or otherwise, except by condemnation, any and all property
or interests in property, whether real, personal, or mixed,
tangible or intangible, located inside or outside such county, that
are found to be necessary for such improvements or facilities. Such
county may enter into contracts with such districts as permitted by
this section for any term of years not exceeding 40 for the
management and operation of any or all of such property and
interests in property on such terms as the commissioners court of
such county deems appropriate.
SECTION 19.28. Section 60.039(c), Water Code, is amended to
read as follows:
(c) This subsection applies only to a district that operates
a port in this state that is wholly located in a county that borders
the Gulf of America [Gulf of Mexico] and that is adjacent to a
county that contains an international border and borders the Gulf
of America [Gulf of Mexico]. The district may lease the surface of
land for not more than 99 years or may extend a lease to a period not
to exceed 99 years only if:
(1) the lease conveys an interest in the surface of the
land for residential purposes only;
(2) at the time the lease will be entered into or
extended, the district has not less than 50 leases in effect that
convey an interest in the land surface for residential purposes
only; and
(3) any part of the land owned by the district is
subdivided into lots intended for residential use.
SECTION 19.29. Section 61.151(a), Water Code, is amended to
read as follows:
(a) A district created for the development of deep-water
navigation which includes a city with a population of more than
100,000, according to the last preceding federal census, may
operate and develop ports and waterways inside the district and
extending to the Gulf of America [Gulf of Mexico].
SECTION 19.30. Section 63.156(a), Water Code, is amended to
read as follows:
(a) The district may exercise the power of eminent domain to
condemn and acquire the right-of-way over and through any public or
private land necessary to improve any river, bay, creek, or arm of
the Gulf of America [Gulf of Mexico] for the construction and
maintenance of any canal or waterway and for any other purpose
authorized by this chapter.
SECTION 19.31. Section 63.157, Water Code, is amended to
read as follows:
Sec. 63.157. AUTHORITY OVER IMPROVEMENTS. A district may
acquire, purchase, take over, construct, maintain, operate,
develop, and regulate wharves, docks, warehouses, grain elevators,
bunkering facilities, belt railroads, floating plants, literage,
lands, towing facilities, and all other facilities or aids incident
to or necessary to the operation or development of ports or
waterways inside the district extending to the Gulf of America
[Gulf of Mexico].
ARTICLE 20. EFFECTIVE DATE
SECTION 20.01. This Act takes effect immediately if it
receives a vote of two-thirds of all members elected to each house,
as provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on September 1, 2025.
__ Range __ Oven __ Microwave
__ Dishwasher __ Trash Compactor __ Disposal
__ Washer/Dryer __ Window __ Rain Gutters
Hookups Screens
__ Security __ Fire Detection __ Intercom
System Equipment System
__ Smoke Detector
__ Smoke Detector -
Hearing Impaired
__ Carbon Monoxide
Alarm
__ Emergency Escape
Ladder(s)
__ TV Antenna __ Cable TV __ Satellite
Wiring Dish
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
Fan(s)
__ Central A/C __ Central Heating __ Wall/Window
Air
Conditioning
__ Plumbing System __ Septic System __ Public Sewer
System
__ Patio/Decking __ Outdoor Grill __ Fences
__ Pool __ Sauna __ Spa
__ Hot Tub
__ Pool Equipment __ Pool Heater __ Automatic Lawn
Sprinkler
System
__ Fireplace(s) & __ Fireplace(s) &
Chimney Chimney
(Woodburning) (Mock)
__ Natural Gas Lines __ Gas Fixtures
__ Liquid Propane Gas: __ LP Community __ LP on Property
(Captive)
__ Fuel Gas Piping: __ Black Iron Pipe __ Corrugated
__ Copper __ Stainless Steel
__ Tubing
Garage: __ Attached __ Not Attached __ Carport
Garage Door Opener(s): __ Electronic __ Control(s)
Water Heater: __ Gas __ Electric
Water Supply: __ City __ Well __ MUD __ Co-op
__ Interior Walls __ Ceilings __ Floors
__ Exterior Walls __ Doors __ Windows
__ Roof __ Foundation/ __ Basement
Slab(s)
__ Walls/Fences __ Driveways __ Sidewalks
__ Plumbing/Sewers/ __ Electrical __ Lighting
Septics Systems Fixtures
__ Active Termites __ Previous Structural
(includes or Roof Repair
wood-destroying insects)
__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
Needing Repair
__ Previous Termite Damage __ Asbestos Components
__ Previous Termite __ Urea formaldehyde
Treatment Insulation
__ Radon Gas
__ Improper Drainage __ Lead Based Paint
__ Water Damage Not Due to a __ Aluminum Wiring
__ Flood Event
__ Previous Fires
__ Unplatted Easements
__ Landfill, Settling, Soil __ Subsurface
Movement, Fault Lines Structure or Pits
__ Single Blockable Main __ Previous Use of Premises
Drain in Pool/Hot for Manufacture of
Tub/Spa* Methamphetamine
__ 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.
__ Homeowners' Association or maintenance fees or assessments.
__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
__ Any lawsuits directly or indirectly affecting the Property.
__ Any condition on the Property which materially affects the physical health or safety of an individual.
__ 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 portion of the property that is located in a groundwater conservation district or a subsidence district.
Florida $3,500.00
Alabama 1,000.00
Mississippi 1,000.00
Louisiana 5,000.00
Texas 2,500.00
Total $13,000.00