Texas 2025 - 89th Regular

Texas Senate Bill SB1717 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Middleton, et al. S.B. No. 1717
	1	+	By: Middleton S.B. No. 1717
	2	+	(In the Senate - Filed February 27, 2025; March 13, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	April 14, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 8, Nays 0; April 14, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1717 By: Middleton
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6	13		A BILL TO BE ENTITLED
7	14		AN ACT
8	15		relating to the terminology used in statute, resolutions, rules,
9	16		and other state publications to refer to the partially landlocked
10	17		body of water on the southeastern periphery of the North American
11	18		continent.
12	19		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	20		ARTICLE 1. GULF OF AMERICA LANGUAGE INITIATIVE
14	21		SECTION 1.01. Subtitle Z, Title 3, Government Code, is
15	22		amended by adding Chapter 394 to read as follows:
16	23		CHAPTER 394. GULF OF AMERICA LANGUAGE INITIATIVE
17	24		Sec. 394.001. FINDINGS AND INTENT. The legislature finds
18	25		that language used in reference to the partially landlocked body of
19	26		water on the southeastern periphery of the North American
20	27		continent, commonly referred to as the "Gulf of Mexico," is
21	28		inaccurate and outdated. It is the intent of the legislature to
22	29		establish preferred terminology for new and revised laws by
23	30		requiring the use of language that accurately describes this
24	31		geographic feature.
25	32		Sec. 394.002. USE OF "GULF OF AMERICA" REQUIRED. The
26	33		legislature and the Texas Legislative Council are directed to avoid
27	34		using the term "Gulf of Mexico" in any new statute or resolution and
28	35		to change that term to "Gulf of America" in any existing statute or
29	36		resolution as sections that use that term are otherwise amended by
30	37		law.
31	38		SECTION 1.02. Chapter 325, Government Code, is amended by
32	39		adding Section 325.0122 to read as follows:
33	40		Sec. 325.0122. REVIEW OF AGENCIES FOR USE OF "GULF OF
34	41		AMERICA". As part of its review of a state agency, the commission
35	42		shall consider and make recommendations regarding the statutory and
36	43		regulatory revisions necessary to use the phrase "Gulf of America"
37	44		instead of "Gulf of Mexico."
38	45		SECTION 1.03. Chapter 2051, Government Code, is amended by
39	46		adding Subchapter G to read as follows:
40	47		SUBCHAPTER G. USE OF CERTAIN TERMINOLOGY REQUIRED
41	48		Sec. 2051.251. DEFINITION. In this subchapter, "state
42	49		agency" has the meaning assigned by Section 2052.201.
43	50		Sec. 2051.252. USE OF "GULF OF AMERICA" REQUIRED. The chief
44	51		administrative officer of each state agency shall ensure that the
45	52		state agency uses the term "Gulf of America" instead of "Gulf of
46	53		Mexico" in:
47	54		(1) proposing, adopting, or amending the state
48	55		agency's rules or other statements of policy; or
49	56		(2) issuing reference materials or other
50	57		publications, including publications issued in an electronic
51	58		format.
52	59		ARTICLE 2. AGRICULTURE CODE PROVISIONS
53	60		SECTION 2.01. Section 47.051(2), Agriculture Code, is
54	61		amended to read as follows:
55	62		(2) "Coastal waters" means all the salt water of the
56	63		state, including the portion of the Gulf of America [Gulf of Mexico]
57	64		that is within the jurisdiction of the state.
58	65		ARTICLE 3. ALCOHOLIC BEVERAGE CODE PROVISIONS
59	66		SECTION 3.01. Section 251.742(b), Alcoholic Beverage Code,
60	67		is amended to read as follows:
61	68		(b) This section applies only to a municipality that:
62	69		(1) has a population of 15,000 or more; and
63	70		(2) is located in two counties one of which:
64	71		(A) has a population of 340,000 or more;
65	72		(B) contains a municipality in which at least 85
66	73		percent of the county's population resides; and
67	74		(C) borders the Gulf of America [Gulf of Mexico].
68	75		ARTICLE 4. CIVIL PRACTICE AND REMEDIES CODE PROVISIONS
69	76		SECTION 4.01. Section 15.0181(a)(5), Civil Practice and
70	77		Remedies Code, is amended to read as follows:
71	78		(5) "Inland waters" means the navigable waters
72	79		shoreward of the navigational demarcation lines dividing the high
73	80		seas from harbors, rivers, the Gulf Intracoastal Waterway, and
74	81		other inland waters of Texas, Louisiana, Mississippi, Alabama,
75	82		Arkansas, Tennessee, Missouri, Illinois, Kentucky, or Indiana or of
76	83		Florida along the Gulf of America [Gulf of Mexico] shoreline of
77	84		Florida from the Florida-Alabama border down to and including the
78	85		shoreline of Key West, Florida. The term does not include the Great
79	86		Lakes.
80	87		SECTION 4.02. Section 18.033(a), Civil Practice and
81	88		Remedies Code, is amended to read as follows:
82	89		(a) In a dispute between the State of Texas and an upland
83	90		owner of property fronting on the Gulf of America [Gulf of Mexico]
84	91		and the arms of the Gulf of America [Gulf of Mexico] within the
85	92		boundaries of the State of Texas, the maps, surveys, and property
86	93		descriptions filed in the General Land Office in connection with
87	94		any conveyance by the state or any predecessor government by
88	95		patent, deed, lease, or other authorized forms of grant shall be
89	96		presumed to accurately depict the boundary between adjacent upland
90	97		owners and the state-owned submerged lands.
91	98		SECTION 4.03. Section 21.021, Civil Practice and Remedies
92	99		Code, is amended to read as follows:
93	100		Sec. 21.021. APPLICATION. This subchapter applies to a
94	101		county that:
95	102		(1) is part of two or more judicial districts, that has
96	103		two or more district courts with regular terms, and that is part of
97	104		a district in which a county borders on the international boundary
98	105		of the United States and the Republic of Mexico;
99	106		(2) borders on the international boundary of the
100	107		United States and the Republic of Mexico and that is in a judicial
101	108		district composed of four counties;
102	109		(3) borders on the international boundary of the
103	110		United States and the Republic of Mexico and that has three or more
104	111		district courts or judicial districts wholly within the county; or
105	112		(4) borders on the Gulf of America [Gulf of Mexico] and
106	113		that has four or more district courts or judicial districts of which
107	114		two or more courts or districts are wholly within the county.
108	115		SECTION 4.04. Section 78.052, Civil Practice and Remedies
109	116		Code, is amended to read as follows:
110	117		Sec. 78.052. APPLICABILITY OF SUBCHAPTER: MARINE FIRE
111	118		EMERGENCY. This subchapter applies only to damages for personal
112	119		injury, death, or property damage arising from an error or omission
113	120		of:
114	121		(1) a nonprofit fire department providing services to
115	122		respond to marine fire emergencies under contract to a governmental
116	123		unit, if the error or omission occurs in responding to a marine fire
117	124		emergency:
118	125		(A) on the navigable waters of this state;
119	126		(B) in any place into which a vessel enters or
120	127		from which a vessel departs the waterway leading to that place from
121	128		the Gulf of America [Gulf of Mexico] or the Gulf Intracoastal
122	129		Waterway;
123	130		(C) on property owned or under the control of the
124	131		governmental unit; or
125	132		(D) at the request of the governmental unit in
126	133		the interest of public safety; or
127	134		(2) a fire fighter providing services described by
128	135		Subdivision (1).
129	136		ARTICLE 5. VERNON'S CIVIL STATUTES PROVISIONS
130	137		SECTION 5.01. Section 1, Chapter 311 (H.B. 558), Acts of the
131	138		54th Legislature, Regular Session, 1955 (Article 5421b-1, Vernon's
132	139		Texas Civil Statutes), is amended to read as follows:
133	140		Sec. 1. All or any part of the Public Lands belonging to the
134	141		State situated in and under the bed of Caddo Lake and the
135	142		tributaries thereto and all or any part of such lands adjacent
136	143		thereto shall be subject to lease for mineral development by the
137	144		Commissioner of the General Land Office to any person, firm or
138	145		corporation in accordance with the provisions of existing or future
139	146		laws pertaining to the leasing and development of all islands,
140	147		salt-water lakes, bays, inlets, marshes and reefs, owned by the
141	148		State within tidewater limits, and that portion of the Gulf of
142	149		America [Gulf of Mexico] within the jurisdiction of Texas, and all
143	150		unsold public free school land, both surveyed and unsurveyed, in so
144	151		far as same are not in conflict herewith.
145	152		SECTION 5.02. Section 1, Chapter 10 (H.B. 134), Acts of the
146	153		47th Legislature, Regular Session, 1941 (Article 5421c-4, Vernon's
147	154		Texas Civil Statutes), is amended to read as follows:
148	155		Sec. 1. The School Land Board, created by House Bill No. 9
149	156		of the Forty-sixth Legislature (being Title: Public Lands, Chapter
150	157		3, of the General Laws of the Forty-sixth Legislature, 1939,) is
151	158		hereby authorized to grant and issue easements or surface leases to
152	159		the United States of America in accordance with the conditions
153	160		hereinafter set out, on any island, salt water lake, bay, inlet, or
154	161		marsh within tidewater limits, and that portion of the Gulf of
155	162		America [Gulf of Mexico] within the jurisdiction of the State of
156	163		Texas, to be used exclusively for any purpose essential to the
157	164		National Defense.
158	165		SECTION 5.03. Section 1, Chapter 287 (S.B. 454), Acts of the
159	166		47th Legislature, Regular Session, 1941 (Article 5366a, Vernon's
160	167		Texas Civil Statutes), is amended to read as follows:
161	168		Sec. 1. In each case in which an oil and gas mineral lease
162	169		has heretofore been granted or may hereafter be granted by the State
163	170		of Texas on an area covered by the coastal waters of the State or
164	171		within the Gulf of America [Gulf of Mexico] and in which the War
165	172		Department of the United State refuses to grant a permit to the
166	173		lessee or owner of such lease to drill a well thereon for oil, gas or
167	174		other minerals (the area included in such lease being within the
168	175		navigable waters of the United States) and in the event the primary
169	176		term of such lease should expire during the period of time in which
170	177		the War Department of the United States may continue to refuse to
171	178		issue such permit, then and in such event the primary term of such
172	179		lease is hereby extended for successive periods of one (1) year from
173	180		and after the end of the original primary term of such lease while
174	181		and so long as the War Department may continue such refusal to issue
175	182		to the lessee or to the owner of such lease a permit to drill for
176	183		oil, gas or other minerals, on the area covered thereby; provided,
177	184		that in order to make such extensions effectual the lessee or the
178	185		owner of such lease shall, during each of the annual periods during
179	186		which the primary term of the lease is so extended, apply to and
180	187		seek to obtain from the War Department a permit to drill a well for
181	188		oil, gas or other minerals on the area covered by such lease and be
182	189		unsuccessful in its attempts to obtain a permit, or, if successful
183	190		in obtaining a permit, commence operations for drilling a well upon
184	191		the leased premises within sixty (60) days after obtaining such
185	192		permit; and provided further that the lessee or the owner of such
186	193		lease continues to pay the annual renewal rentals at the rate
187	194		provided for in such lease for the period of time involved in such
188	195		extensions. Should such lease be so extended and should the War
189	196		Department at any time while such lease is still in force and effect
190	197		issue a permit to the lessee or to the owner of such lease to drill a
191	198		well thereon for oil, gas or other minerals, such lease shall
192	199		continue in force and effect if the lessee commences drilling
193	200		operations upon the leased premises within sixty (60) days after
194	201		obtaining such permit, and so long as the lessee or the owner of
195	202		such lease shall continue to conduct drilling or mining operations
196	203		thereon, or if oil, gas or other mineral be discovered thereon by
197	204		the lessee or the owner of such lease, so long as oil, gas or other
198	205		mineral is produced from such leased premises. Should the
199	206		production of oil, gas or other mineral on said leased premises
200	207		after once secured, cease from any cause, such lease shall not
201	208		terminate if the lessee or owner of such lease commences additional
202	209		drilling, reworking or mining operations within thirty (30) days
203	210		thereafter or if it be within the original primary term of such
204	211		lease, commences or resumes the payment or tender of rental on or
205	212		before the rental paying date, if any, next ensuing; but if there be
206	213		no rental paying date next ensuing, the lease shall in no event
207	214		terminate prior to the expiration of the primary term.
208	215		SECTION 5.04. Section 1, Chapter 314 (S.B. 326), Acts of the
209	216		56th Legislature, Regular Session, 1959 (Article 5337-2, Vernon's
210	217		Texas Civil Statutes), is amended to read as follows:
211	218		Sec. 1. The Commissioner of the General Land Office is
212	219		hereby authorized and empowered, acting for and on behalf of the
213	220		State of Texas, to execute any and all grants of easements in, on,
214	221		and across all unsold Public Free School Lands, and in, on, and
215	222		across all islands, salt water lakes, bays, inlets, marshes, and
216	223		reefs owned by the state within the tidewater limits, and in, on,
217	224		and across that portion of the Gulf of America [Gulf of Mexico]
218	225		within the jurisdiction of Texas, to Nueces County Water Control
219	226		and Improvement District Number 4 for right-of-ways for pipe lines
220	227		and for the installation of all works, facilities, and appliances,
221	228		in any and all manners incident to, helpful or necessary for
222	229		securing, storing, processing, treating, transporting, and selling
223	230		an adequate supply of fresh water; provided, however, said Nueces
224	231		County Water Control and Improvement District Number 4 shall pay
225	232		the sum of Ten Dollars ($10.00) as consideration for the granting of
226	233		each easement.
227	234		ARTICLE 6. EDUCATION CODE PROVISIONS
228	235		SECTION 6.01. Section 155.001(2), Education Code, is
229	236		amended to read as follows:
230	237		(2) "Commission" means the regional planning
231	238		commission, council of governments, or similar regional planning
232	239		agency created under Chapter 391, Local Government Code, whose
233	240		membership includes the most populous county that borders on the
234	241		Gulf of America [Gulf of Mexico] or on a bay or inlet of the Gulf of
235	242		America [Gulf of Mexico].
236	243		SECTION 6.02. Section 155.003(c), Education Code, is
237	244		amended to read as follows:
238	245		(c) The commission and advisory committee may cooperate,
239	246		coordinate, and share information with a governmental entity or
240	247		postsecondary educational institution in another state that
241	248		borders the Gulf of America [Gulf of Mexico].
242	249		ARTICLE 7. FAMILY CODE PROVISIONS
243	250		SECTION 7.01. Section 107.106(a), Family Code, is amended
244	251		to read as follows:
245	252		(a) This section applies only to a county:
246	253		(1) with a population of less than 500,000;
247	254		(2) that is contiguous to the Gulf of America [Gulf of
248	255		Mexico] or a bay or inlet opening into the gulf and that borders the
249	256		United Mexican States; or
250	257		(3) that borders a county described by Subdivision
251	258		(2).
252	259		ARTICLE 8. GOVERNMENT CODE PROVISIONS
253	260		SECTION 8.01. Section 490I.0110(b), Government Code, is
254	261		amended to read as follows:
255	262		(b) The broadband development office board of advisors is
256	263		composed of 10 members, appointed as follows:
257	264		(1) two members appointed by the governor, including:
258	265		(A) one member to represent the Texas Economic
259	266		Development and Tourism Office; and
260	267		(B) one member of the public with experience in
261	268		telecommunications or broadband service;
262	269		(2) three members appointed by the lieutenant
263	270		governor, including:
264	271		(A) one member who resides in an urban area;
265	272		(B) one member to represent the public primary
266	273		and secondary education community; and
267	274		(C) one member who resides in a county that:
268	275		(i) is adjacent to an international border;
269	276		(ii) is located not more than 150 miles from
270	277		the Gulf of America [Gulf of Mexico]; and
271	278		(iii) has a population of more than 60,000;
272	279		(3) three members appointed by the speaker of the
273	280		house of representatives, including:
274	281		(A) one member who resides in a rural area;
275	282		(B) one member to represent the health and
276	283		telemedicine industry; and
277	284		(C) one member to represent the public higher
278	285		education community;
279	286		(4) the comptroller or the comptroller's designee; and
280	287		(5) one nonvoting member appointed by the broadband
281	288		development office to represent the office.
282	289		SECTION 8.02. Section 1431.015(b), Government Code, is
283	290		amended to read as follows:
284	291		(b) Notwithstanding any other provision of this chapter or a
285	292		rating requirement prescribed by Chapter 1371, an issuer located
286	293		within 70 miles of the Gulf of America [Gulf of Mexico] or of a bay
287	294		or inlet of the gulf may authorize the issuance of an anticipation
288	295		note or other obligation in the event of an emergency. An
289	296		anticipation note or other obligation issued under this section is
290	297		an obligation under Chapter 1371, but is not required to be rated as
291	298		required by that chapter.
292	299		SECTION 8.03. Section 1475.051, Government Code, is amended
293	300		to read as follows:
294	301		Sec. 1475.051. APPLICABILITY OF SUBCHAPTER. This
295	302		subchapter applies only to a county adjacent to the Gulf of America
296	303		[Gulf of Mexico].
297	304		SECTION 8.04. Section 1478.001, Government Code, is amended
298	305		to read as follows:
299	306		Sec. 1478.001. APPLICABILITY OF CHAPTER. This chapter
300	307		applies only to a county that:
301	308		(1) is located on the Gulf of America [Gulf of Mexico];
302	309		and
303	310		(2) has within its boundaries an island susceptible to
304	311		development for recreational purposes for the use and benefit of
305	312		the residents of the county.
306	313		SECTION 8.05. Section 1502.057(c), Government Code, is
307	314		amended to read as follows:
308	315		(c) The board of trustees having management and control of a
309	316		utility system located in a county contiguous to the Gulf of America
310	317		[Gulf of Mexico] and bordering the United Mexican States may impose
311	318		and collect the charges authorized under this section for services
312	319		provided by the utility system.
313	320		SECTION 8.06. Section 1502.070(a), Government Code, is
314	321		amended to read as follows:
315	322		(a) Management and control of a utility system may be vested
316	323		in:
317	324		(1) the municipality's governing body; or
318	325		(2) a board of trustees named in the proceedings
319	326		adopted by the municipality and consisting of not more than:
320	327		(A) five members, one of whom must be the mayor of
321	328		the municipality;
322	329		(B) seven members, one of whom must be the mayor
323	330		of the municipality, if the municipality is located in a county
324	331		that:
325	332		(i) contains a municipality with a
326	333		population of at least 500,000; and
327	334		(ii) is located on an international border;
328	335		or
329	336		(C) seven members, one of whom must be the mayor
330	337		of the municipality, if the municipality is located in a county:
331	338		(i) with a population of at least 375,000;
332	339		(ii) that is located on an international
333	340		border; and
334	341		(iii) that borders the Gulf of America
335	342		[Gulf of Mexico].
336	343		SECTION 8.07. The heading to Subchapter A, Chapter 1505,
337	344		Government Code, is amended to read as follows:
338	345		SUBCHAPTER A. BONDS FOR HARBOR IMPROVEMENTS IN MUNICIPALITIES
339	346		BORDERING GULF OF AMERICA [GULF OF MEXICO]
340	347		SECTION 8.08. Section 1505.001, Government Code, is amended
341	348		to read as follows:
342	349		Sec. 1505.001. APPLICABILITY OF SUBCHAPTER. This
343	350		subchapter applies only to a municipality that borders the Gulf of
344	351		America [Gulf of Mexico].
345	352		SECTION 8.09. Section 1505.053, Government Code, is amended
346	353		to read as follows:
347	354		Sec. 1505.053. AUTHORITY FOR NAVIGATIONAL FACILITIES. A
348	355		municipality may:
349	356		(1) own, purchase, construct, operate, improve,
350	357		enlarge, repair, or maintain a bridge over or across any stream,
351	358		inlet, or arm of the Gulf of America [Gulf of Mexico] or entrance
352	359		canal to the deepwater port of the municipality that connects any of
353	360		the public streets, highways, or thoroughfares of the municipality;
354	361		(2) own, purchase, construct, repair, maintain,
355	362		operate, or lease:
356	363		(A) a wharf, pier, pavilion, or boathouse; or
357	364		(B) a dam, dyke, or spillway with a road or bridge
358	365		on or over it to create a freshwater supply basin for domestic,
359	366		irrigation, and other purposes in the navigation district in which
360	367		the municipality is located or in a county adjacent to the
361	368		freshwater basin;
362	369		(3) acquire, reclaim, reconstruct, or fill in any
363	370		submerged land along the waterfront of the municipality and
364	371		construct, operate, or maintain a water main, gas main, storm
365	372		sewer, sanitary sewer, sidewalk, street, or similar improvement in
366	373		connection with that land;
367	374		(4) construct a seawall, breakwater, or other shore
368	375		protection to protect the waterfront of the municipality; and
369	376		(5) construct, reconstruct, maintain, operate, or
370	377		dredge a channel in connection with a deepwater port in aid of
371	378		navigation within the municipality.
372	379		SECTION 8.10. Section 1505.102(1), Government Code, is
373	380		amended to read as follows:
374	381		(1) "Bridge or tunnel" means a bridge over, or a tube,
375	382		underpass, or tunnel under, any stream, inlet, or arm of the Gulf of
376	383		America [Gulf of Mexico] or entrance channel to the deepwater port
377	384		of a municipality that connects any public streets or thoroughfares
378	385		of, in, or to the municipality.
379	386		SECTION 8.11. Section 1505.201, Government Code, is amended
380	387		to read as follows:
381	388		Sec. 1505.201. APPLICABILITY OF SUBCHAPTER. This
382	389		subchapter applies only to a municipality that:
383	390		(1) has a population of less than 12,000; and
384	391		(2) is located on the Gulf of America [Gulf of Mexico]
385	392		or a channel, canal, bay, or inlet connected with that gulf.
386	393		SECTION 8.12. Section 1505.251, Government Code, is amended
387	394		to read as follows:
388	395		Sec. 1505.251. APPLICABILITY OF SUBCHAPTER. This
389	396		subchapter applies only to a general-law municipality that:
390	397		(1) has a population of 5,000 or less; and
391	398		(2) is located on the Gulf of America [Gulf of Mexico]
392	399		or a channel, canal, bay, or inlet connected with that gulf.
393	400		SECTION 8.13. Section 1506.101, Government Code, is amended
394	401		to read as follows:
395	402		Sec. 1506.101. APPLICABILITY OF SUBCHAPTER. This
396	403		subchapter applies only to a municipality that:
397	404		(1) is located on the Gulf of America [Gulf of Mexico]
398	405		or on a channel, canal, bay, or inlet connected to the Gulf of
399	406		America [Gulf of Mexico]; and
400	407		(2) has a population of:
401	408		(A) more than 53,000 and less than 84,000; or
402	409		(B) more than 115,000 and less than 160,000.
403	410		SECTION 8.14. Section 2204.301, Government Code, is amended
404	411		to read as follows:
405	412		Sec. 2204.301. GRANT TO UNITED STATES. The governor may
406	413		grant to the United States in accordance with this subchapter those
407	414		portions of the beds and banks of the Pecos and Devils rivers in Val
408	415		Verde County and of the Rio Grande in Brewster, Cameron, Hidalgo,
409	416		Hudspeth, Jeff Davis, Kinney, Maverick, Presidio, Starr, Terrell,
410	417		Val Verde, Webb, and Zapata counties:
411	418		(1) for which title is vested in this state; and
412	419		(2) that may be necessary or expedient in the
413	420		construction and use of the storage and flood control dams and their
414	421		resultant reservoirs, diversion works, and appurtenances provided
415	422		for in the Treaty Relating to the Utilization of the Waters of the
416	423		Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from
417	424		Fort Quitman, Texas, to the Gulf of America [Gulf of Mexico],
418	425		concluded by the United States and the United Mexican States on
419	426		February 3, 1944.
420	427		ARTICLE 9. HEALTH AND SAFETY CODE PROVISIONS
421	428		SECTION 9.01. Section 341.03571(b), Health and Safety Code,
422	429		is amended to read as follows:
423	430		(b) This section applies only to a county, or a municipality
424	431		in a county, that:
425	432		(1) borders the United Mexican States or is adjacent
426	433		to a county that borders the United Mexican States;
427	434		(2) has a population of at least 400,000 or has a
428	435		population of at least 20,000 and is adjacent to a county that has a
429	436		population of at least 400,000; and
430	437		(3) is within 200 miles of the Gulf of America [Gulf of
431	438		Mexico].
432	439		SECTION 9.02. Section 361.121(o), Health and Safety Code,
433	440		is amended to read as follows:
434	441		(o) The commission may not issue a permit under this section
435	442		for a land application unit that is located both:
436	443		(1) in a county that borders the Gulf of America [Gulf
437	444		of Mexico]; and
438	445		(2) 500 feet or less from any water well or surface
439	446		water.
440	447		SECTION 9.03. Section 361.122, Health and Safety Code, is
441	448		amended to read as follows:
442	449		Sec. 361.122. DENIAL OF CERTAIN LANDFILL PERMITS. The
443	450		commission may not issue a permit for a Type IV landfill if:
444	451		(1) the proposed site is located within 100 feet of a
445	452		canal that is used as a public drinking water source or for
446	453		irrigation of crops used for human or animal consumption;
447	454		(2) the proposed site is located in a county with a
448	455		population of more than 225,000 that is located adjacent to the Gulf
449	456		of America [Gulf of Mexico]; and
450	457		(3) prior to final consideration of the application by
451	458		the commission, the commissioners of the county in which the
452	459		facility is located have adopted a resolution recommending denial
453	460		of the application.
454	461		SECTION 9.04. Sections 365.033(b) and (c), Health and
455	462		Safety Code, are amended to read as follows:
456	463		(b) In this section, "beach" means an area in which the
457	464		public has acquired a right of use or an easement and that borders
458	465		on the seaward shore of the Gulf of America [Gulf of Mexico] or
459	466		extends from the line of mean low tide to the line of vegetation
460	467		bordering on the Gulf of America [Gulf of Mexico].
461	468		(c) This section applies only to a county park located in a
462	469		county that has the Gulf of America [Gulf of Mexico] as one
463	470		boundary, but does not apply to a beach located in that park.
464	471		SECTION 9.05. Section 366.012(a), Health and Safety Code,
465	472		is amended to read as follows:
466	473		(a) To assure the effective and efficient administration of
467	474		this chapter, the commission shall:
468	475		(1) adopt rules governing the installation of on-site
469	476		sewage disposal systems, including rules concerning the:
470	477		(A) review and approval of on-site sewage
471	478		disposal systems; and
472	479		(B) temporary waiver of a permit for an emergency
473	480		repair; and
474	481		(2) adopt rules under this chapter that:
475	482		(A) encourage the use of economically feasible
476	483		alternative techniques and technologies for on-site sewage
477	484		disposal systems that can be used in soils not suitable for
478	485		conventional on-site sewage disposal;
479	486		(B) address the separation of graywater, as
480	487		defined by Section 341.039, in a residence served by an on-site
481	488		sewage disposal system;
482	489		(C) allow for an adjustment in the size required
483	490		of an on-site sewage disposal system if the system is used in
484	491		conjunction with a graywater system that complies with the rules
485	492		adopted under Section 341.039;
486	493		(D) require on-site sewage disposal systems,
487	494		including risers and covers, installed after September 1, 2012, to
488	495		be designed to prevent access to the system by anyone other than:
489	496		(i) the owner of the system; or
490	497		(ii) a person described by Section
491	498		366.071(a) or (b);
492	499		(E) for a county with a population of at least
493	500		350,000 and not more than 370,000 that is adjacent to the Gulf of
494	501		America [Gulf of Mexico] and adjacent to a county with a population
495	502		of at least 3.3 million, allow for the installation of aerobic drip
496	503		emitter systems on subdivided or platted properties less than
497	504		one-half acre in size serving single-family residences supplied by
498	505		a public drinking water system if site-specific planning materials
499	506		have been:
500	507		(i) submitted by a licensed engineer or
501	508		registered sanitarian; and
502	509		(ii) approved by the appropriate authorized
503	510		agent; and
504	511		(F) for a county with a population of more than
505	512		40,000 and less than 50,000 that borders the Red River along the
506	513		Oklahoma state line and has a major interstate road running through
507	514		it, allow for the installation of aerobic drip emitter systems on
508	515		subdivided or platted properties less than one-half acre in size,
509	516		serving single-family residences supplied by a public drinking
510	517		water system if site-specific planning materials have been:
511	518		(i) submitted by a licensed engineer or
512	519		registered sanitarian; and
513	520		(ii) approved by the appropriate authorized
514	521		agent.
515	522		SECTION 9.06. Section 711.008(d), Health and Safety Code,
516	523		is amended to read as follows:
517	524		(d) Subsection (a) does not apply to a cemetery established
518	525		and operating before September 1, 1995, in a county with a
519	526		population of more than 315,000 and less than 351,000 that borders
520	527		the Gulf of America [Gulf of Mexico].
521	528		SECTION 9.07. Section 773.1141(a), Health and Safety Code,
522	529		is amended to read as follows:
523	530		(a) This section applies only to a trauma service area
524	531		regional advisory council serving a geographic area that includes:
525	532		(1) at least one county located on the international
526	533		border of this state; and
527	534		(2) at least one county adjacent to the Gulf of America
528	535		[Gulf of Mexico].
529	536		SECTION 9.08. Section 775.021(a), Health and Safety Code,
530	537		is amended to read as follows:
531	538		(a) This section applies only to a district located in whole
532	539		or in part in a county that:
533	540		(1) borders the Gulf of America [Gulf of Mexico]; and
534	541		(2) has a population of less than 1.5 million.
535	542		ARTICLE 10. LOCAL GOVERNMENT CODE PROVISIONS
536	543		SECTION 10.01. Section 42.021(c), Local Government Code, is
537	544		amended to read as follows:
538	545		(c) Subsection (b) applies to a municipality that has:
539	546		(1) a population of 2,000 or more; and
540	547		(2) territory located:
541	548		(A) entirely on a barrier island in the Gulf of
542	549		America [Gulf of Mexico]; and
543	550		(B) within 30 miles of an international border.
544	551		SECTION 10.02. Section 42.0235(a), Local Government Code,
545	552		is amended to read as follows:
546	553		(a) Notwithstanding Section 42.021, and except as provided
547	554		by Subsection (d), the extraterritorial jurisdiction of a
548	555		municipality with a population of more than 175,000 located in a
549	556		county that contains an international border and borders the Gulf
550	557		of America [Gulf of Mexico] terminates two miles from the
551	558		extraterritorial jurisdiction of a neighboring municipality if
552	559		extension of the extraterritorial jurisdiction beyond that limit
553	560		would:
554	561		(1) completely surround the corporate boundaries or
555	562		extraterritorial jurisdiction of the neighboring municipality; and
556	563		(2) limit the growth of the neighboring municipality
557	564		by precluding the expansion of the neighboring municipality's
558	565		extraterritorial jurisdiction.
559	566		SECTION 10.03. Section 43.017, Local Government Code, is
560	567		amended to read as follows:
561	568		Sec. 43.017. PROHIBITION AGAINST ANNEXATION TO SURROUND
562	569		MUNICIPALITY IN CERTAIN COUNTIES. A municipality with a population
563	570		of more than 175,000 located in a county that contains an
564	571		international border and borders the Gulf of America [Gulf of
565	572		Mexico] may not annex an area that would cause another municipality
566	573		to be entirely surrounded by the corporate limits or
567	574		extraterritorial jurisdiction of the annexing municipality.
568	575		SECTION 10.04. Section 43.0751(n), Local Government Code,
569	576		is amended to read as follows:
570	577		(n) This subsection applies only to a municipality any
571	578		portion of which is located in a county that has a population of not
572	579		less than 315,000 and not more than 351,000 and that borders the
573	580		Gulf of America [Gulf of Mexico] and is adjacent to a county with a
574	581		population of more than 3.3 million. A municipality may impose
575	582		within the boundaries of a district a municipal sales and use tax
576	583		authorized by Chapter 321, Tax Code, or a municipal hotel occupancy
577	584		tax authorized by Chapter 351, Tax Code, that is imposed in the
578	585		municipality if:
579	586		(1) the municipality has annexed the district for
580	587		limited purposes under this section; or
581	588		(2) following two public hearings on the matter, the
582	589		municipality and the district enter a written agreement providing
583	590		for the imposition of the tax or taxes.
584	591		SECTION 10.05. Section 43.082, Local Government Code, is
585	592		amended to read as follows:
586	593		Sec. 43.082. ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND
587	594		OWNED BY NAVIGATION DISTRICT. A municipality with a population of
588	595		less than 30,000, that is in a county that borders the Gulf of
589	596		America [Gulf of Mexico] and that is adjacent to a county with a
590	597		population of one million or more, and that seeks to annex land
591	598		owned by a navigation district operating under Section 59, Article
592	599		XVI, Texas Constitution, must have the consent of the district to
593	600		annex the land.
594	601		SECTION 10.06. Section 43.902(a), Local Government Code, is
595	602		amended to read as follows:
596	603		(a) Land on an island bordering the Gulf of America [Gulf of
597	604		Mexico] that is not accessible by a public road or common carrier
598	605		ferry facility may not be annexed by a municipality without the
599	606		consent of the owners of the land.
600	607		SECTION 10.07. Section 85.004(e), Local Government Code, is
601	608		amended to read as follows:
602	609		(e) The sheriff of a county that borders the Gulf of America
603	610		[Gulf of Mexico] may organize some of the reserve deputies to serve
604	611		as marine reserve deputies and lifeguards for beach and water
605	612		safety purposes and other related functions as the sheriff may
606	613		determine. A reserve deputy performing functions under this
607	614		subsection is subject to the laws of this state that relate to
608	615		reserve deputies except that they may not carry firearms in the
609	616		performance of their duties.
610	617		SECTION 10.08. Section 118.026(a), Local Government Code,
611	618		is amended to read as follows:
612	619		(a) The commissioners court of a county that borders the
613	620		United Mexican States and the Gulf of America [Gulf of Mexico] may
614	621		adopt a records technology and infrastructure fee as part of the
615	622		county's annual budget. The fee must be set and itemized in the
616	623		county's budget as part of the budget preparation process.
617	624		SECTION 10.09. Section 152.032(d), Local Government Code,
618	625		is amended to read as follows:
619	626		(d) The amount of the compensation and allowances of a
620	627		county auditor in a county subject to this subsection may be set in
621	628		an amount that exceeds the limit established by Subsection (a) if
622	629		the compensation and allowances are approved by the commissioners
623	630		court of the county. This subsection applies only to:
624	631		(1) a county with a population of 120,000 or more,
625	632		excluding a county subject to Subsection (b);
626	633		(2) a county with a population of more than 1,000 and
627	634		less than 23,000 that borders the Gulf of America [Gulf of Mexico];
628	635		(3) a county with a population of more than 11,000 and
629	636		less than 11,350; and
630	637		(4) a county that:
631	638		(A) borders a county with a population of more
632	639		than one million; and
633	640		(B) has a population of more than 44,500 and less
634	641		than 46,500.
635	642		SECTION 10.10. Section 233.001(a), Local Government Code,
636	643		is amended to read as follows:
637	644		(a) If the commissioners court of a county that borders the
638	645		Gulf of America [Gulf of Mexico] and is adjacent to a county with a
639	646		population of more than 3.3 million finds that a bulkhead or other
640	647		method of shoreline protection, hereafter called "structure," in an
641	648		unincorporated area of the county is likely to endanger persons or
642	649		property, the commissioners may:
643	650		(1) order the owner of the structure, the owner's
644	651		agent, or the owner or occupant of the property on which the
645	652		structure is located to repair, remove, or demolish the structure
646	653		or the part of the structure within a specified time; or
647	654		(2) repair, remove, or demolish the structure or the
648	655		part of the structure at the expense of the county on behalf of the
649	656		owner of the structure or the owner of the property on which the
650	657		structure is located and assess the repair, removal, or demolition
651	658		expenses on the property on which the structure was located.
652	659		SECTION 10.11. Sections 240.901(b) and (d), Local
653	660		Government Code, are amended to read as follows:
654	661		(b) A county bordering on the Gulf of America [Gulf of
655	662		Mexico] or on the tidewater limits of the gulf may determine the
656	663		boundaries of any flood-prone area of the county. The suitability
657	664		of that determination is conclusively established when the
658	665		commissioners court of the county adopts a resolution finding that
659	666		the area is a flood-prone area.
660	667		(d) In this section, "flood-prone area" means an area that
661	668		is subject to damage from rising water or flooding from the Gulf of
662	669		America [Gulf of Mexico] or its tidal waters, including lakes,
663	670		bays, inlets, and lagoons.
664	671		SECTION 10.12. Section 240.902(b), Local Government Code,
665	672		is amended to read as follows:
666	673		(b) In this section, "public beach" means a beach located on
667	674		a bay or inlet of the Gulf of America [Gulf of Mexico] to which the
668	675		general public or a substantial part of the general public has free
669	676		access.
670	677		SECTION 10.13. Section 240.909(a), Local Government Code,
671	678		is amended to read as follows:
672	679		(a) This section applies only to a county with a population
673	680		of 50,000 or less that borders the Gulf of America [Gulf of Mexico]
674	681		and in which is located at least one state park and one national
675	682		wildlife refuge.
676	683		SECTION 10.14. Section 240.910(a), Local Government Code,
677	684		is amended to read as follows:
678	685		(a) This section applies only to a county located on an
679	686		international border and adjacent to the Gulf of America [Gulf of
680	687		Mexico].
681	688		SECTION 10.15. Section 253.001(e), Local Government Code,
682	689		is amended to read as follows:
683	690		(e) Subsection (b) does not apply to a conveyance of park
684	691		land that:
685	692		(1) is owned by a home-rule municipality with a
686	693		population of less than 80,000 and that is located in a county
687	694		bordering the Gulf of America [Gulf of Mexico];
688	695		(2) is one acre or less;
689	696		(3) is part of a park that is 100 acres or less;
690	697		(4) is sold or is conveyed as a sale to the owner of
691	698		adjoining property; and
692	699		(5) is conveyed pursuant to a resolution or an
693	700		ordinance that:
694	701		(A) is adopted under this section;
695	702		(B) requires the sale to be with an owner of
696	703		adjoining property for fair market value as determined by an
697	704		independent appraisal obtained by the municipality; and
698	705		(C) has an effective date before December 31,
699	706		1995.
700	707		SECTION 10.16. Section 254.001, Local Government Code, is
701	708		amended to read as follows:
702	709		Sec. 254.001. APPLICABILITY OF CHAPTER. This chapter
703	710		applies only to a municipality located on a channel, canal, bay,
704	711		inlet, or lake connected to the Gulf of America [Gulf of Mexico].
705	712		SECTION 10.17. Section 306.032(a), Local Government Code,
706	713		is amended to read as follows:
707	714		(a) This section applies only to a home-rule municipality
708	715		that has a population of less than 80,000 and borders on the Gulf of
709	716		America [Gulf of Mexico].
710	717		SECTION 10.18. Section 307.001, Local Government Code, is
711	718		amended to read as follows:
712	719		Sec. 307.001. ELIGIBLE MUNICIPALITIES. A municipality that
713	720		borders on the Gulf of America [Gulf of Mexico] and has a population
714	721		of 50,000 or more may use and occupy for park purposes gulf
715	722		tidelands and adjacent water as provided by this chapter.
716	723		SECTION 10.19. Section 307.002(a), Local Government Code,
717	724		is amended to read as follows:
718	725		(a) The municipality may use and occupy for park purposes
719	726		under this chapter:
720	727		(1) the tidelands between:
721	728		(A) the lines of ordinary high tide and ordinary
722	729		low tide of the Gulf of America [Gulf of Mexico]; and
723	730		(B) extensions into the gulf, not more than 1,000
724	731		feet apart, of property lines of property that is above and fronting
725	732		the tidelands and is owned or acquired by the municipality for park
726	733		purposes or in or to which the municipality has or may acquire
727	734		easements or other rights or privileges authorizing the
728	735		municipality to use or occupy the property for park purposes; and
729	736		(2) the waters of the gulf adjacent to those
730	737		tidelands, and the gulf bed below those waters, for a distance not
731	738		to exceed 2,000 feet from the line of ordinary high tide.
732	739		SECTION 10.20. Section 307.021(c), Local Government Code,
733	740		is amended to read as follows:
734	741		(c) The pier may not:
735	742		(1) extend into the gulf for a distance of more than
736	743		2,000 feet from the line of ordinary high tide;
737	744		(2) extend into any part of a channel deepened or
738	745		improved for commercial navigation or between the shoreline and any
739	746		such channel; or
740	747		(3) extend into any arm, inlet, bay, or body of water
741	748		other than the main body of the Gulf of America [Gulf of Mexico].
742	749		SECTION 10.21. Sections 307.042(b) and (c), Local
743	750		Government Code, are amended to read as follows:
744	751		(b) As additional security for the bonds, notes, or
745	752		warrants, the municipality may mortgage and encumber all or a
746	753		designated part of:
747	754		(1) the pier, structures, or improvements;
748	755		(2) the furnishings and equipment; or
749	756		(3) the interest, easement, or other rights in land
750	757		acquired or to be acquired and used in connection with the park
751	758		land, including the right of use and occupancy of the park land and
752	759		the title or rights to the tidelands, waters, or beds of the Gulf of
753	760		America [Gulf of Mexico] acquired by the municipality.
754	761		(c) As additional security for the bonds, notes, or
755	762		warrants, the municipality may, by the terms of a mortgage, grant to
756	763		the purchaser under sale or foreclosure a franchise to operate the
757	764		properties purchased for a period of not more than 99 years after
758	765		the purchase. If at the time of the sale or foreclosure there is a
759	766		pier, structure, or improvement located in whole or in part on or
760	767		over state-owned tideland, water, and bed of the Gulf of America
761	768		[Gulf of Mexico], during that period of 99 years the purchaser and
762	769		the purchaser's heirs, successors, and assigns have the same right
763	770		of use and occupancy to the state-owned tideland, water, and bed as
764	771		is granted to the municipality under this chapter. On termination
765	772		of that period or on cessation of use of the property for that
766	773		purpose, the right of use and occupancy reverts to the
767	774		municipality.
768	775		SECTION 10.22. Section 321.001(a), Local Government Code,
769	776		is amended to read as follows:
770	777		(a) A county that borders on the Gulf of America [Gulf of
771	778		Mexico] and that has within its boundaries one or more islands or
772	779		parts of islands suitable for park purposes may act under this
773	780		chapter for the purpose of improving, equipping, maintaining,
774	781		financing, and operating one or more parks on those islands.
775	782		SECTION 10.23. Section 321.101, Local Government Code, is
776	783		amended to read as follows:
777	784		Sec. 321.101. APPLICABILITY. Notwithstanding Section
778	785		321.001, this subchapter applies only to:
779	786		(1) a county described by Section 321.001; and
780	787		(2) a county that borders on the Gulf of America [Gulf
781	788		of Mexico] and has within its boundaries a beach that:
782	789		(A) is wholly or partly operated by the county as
783	790		a park; or
784	791		(B) is otherwise controlled or maintained by the
785	792		county.
786	793		SECTION 10.24. Section 351.081, Local Government Code, is
787	794		amended to read as follows:
788	795		Sec. 351.081. ESTABLISHMENT IN POPULOUS COUNTIES. The
789	796		commissioners court of a county with a population of more than 3.3
790	797		million or a county that borders the Gulf of America [Gulf of
791	798		Mexico] may establish a department of county park rangers.
792	799		SECTION 10.25. Section 351.083, Local Government Code, is
793	800		amended to read as follows:
794	801		Sec. 351.083. LAW ENFORCEMENT SERVICES IN COUNTY PARKS.
795	802		The department shall provide law enforcement services within the
796	803		county parks of the county and, in a county that borders the Gulf of
797	804		America [Gulf of Mexico], in the unincorporated areas of the county
798	805		that are located on an island or isthmus.
799	806		SECTION 10.26. Section 351.084(b), Local Government Code,
800	807		is amended to read as follows:
801	808		(b) The county park rangers have the same law enforcement
802	809		authority that is given by law to deputy sheriffs except that the
803	810		law enforcement jurisdiction of rangers is limited to the county
804	811		parks of the county and, in a county that borders the Gulf of
805	812		America [Gulf of Mexico], to the unincorporated areas of the county
806	813		that are located on an island or isthmus.
807	814		SECTION 10.27. Section 375.182, Local Government Code, is
808	815		amended to read as follows:
809	816		Sec. 375.182. PROHIBITED USE OF FUNDS. Funds may not be
810	817		spent, an assessment imposed, or a tax levied under this chapter to
811	818		finance the opening, reopening, or maintenance of a pass, canal, or
812	819		waterway across a barrier island connecting the Gulf of America
813	820		[Gulf of Mexico] with inland waters.
814	821		SECTION 10.28. Section 382.002, Local Government Code, is
815	822		amended to read as follows:
816	823		Sec. 382.002. APPLICABILITY. This chapter applies only to:
817	824		(1) a county with a population of 1.5 million or more,
818	825		other than a county that:
819	826		(A) borders on the Gulf of America [Gulf of
820	827		Mexico] or a bay or inlet of the gulf; or
821	828		(B) has two municipalities located wholly or
822	829		partly in its boundaries each having a population of 225,000 or
823	830		more; or
824	831		(2) a county with a population of 70,000 or more that
825	832		is adjacent to a county described by Subdivision (1) in which a
826	833		municipality with a population of 90,000 or more is primarily
827	834		situated and includes all or a part of the extraterritorial
828	835		jurisdiction of a municipality with a population of 1.1 million or
829	836		more.
830	837		SECTION 10.29. Section 501.103, Local Government Code, is
831	838		amended to read as follows:
832	839		Sec. 501.103. CERTAIN INFRASTRUCTURE IMPROVEMENT PROJECTS.
833	840		In this subtitle, "project" includes expenditures that are found by
834	841		the board of directors to be required or suitable for
835	842		infrastructure necessary to promote or develop new or expanded
836	843		business enterprises, limited to:
837	844		(1) streets and roads, rail spurs, water and sewer
838	845		utilities, electric utilities, or gas utilities, drainage, site
839	846		improvements, and related improvements;
840	847		(2) telecommunications and Internet improvements; or
841	848		(3) beach remediation along the Gulf of America [Gulf
842	849		of Mexico].
843	850		SECTION 10.30. Section 501.163(a), Local Government Code,
844	851		is amended to read as follows:
845	852		(a) This section applies only to a corporation the creation
846	853		of which was authorized by a municipality that:
847	854		(1) has a population of 10,000 or more;
848	855		(2) is located in a county that borders:
849	856		(A) the Gulf of America [Gulf of Mexico] or the
850	857		Gulf Intracoastal Waterway; or
851	858		(B) the United Mexican States and in which four
852	859		municipalities with a population of 70,000 or more are located; and
853	860		(3) has, or is included in a metropolitan statistical
854	861		area of this state that has, an unemployment rate that averaged at
855	862		least two percent above the state average for the most recent two
856	863		consecutive years for which statistics are available.
857	864		SECTION 10.31. Section 561.007(a), Local Government Code,
858	865		is amended to read as follows:
859	866		(a) This section applies only to a county that:
860	867		(1) has a population of 190,000 or more, is adjacent to
861	868		a county with a population of 3.3 million or more, and borders the
862	869		Gulf of America [Gulf of Mexico]; and
863	870		(2) operates a road department system under Subchapter
864	871		D, Chapter 252, Transportation Code.
865	872		SECTION 10.32. Section 561.008(a), Local Government Code,
866	873		is amended to read as follows:
867	874		(a) The commissioners court of a county that borders the
868	875		Gulf of America [Gulf of Mexico], other than Jefferson, Kenedy,
869	876		Kleberg, Nueces, Orange, or Willacy County, may:
870	877		(1) construct breakwaters;
871	878		(2) issue bonds, time warrants, or certificates of
872	879		indebtedness of the county to pay for the construction; and
873	880		(3) impose ad valorem taxes to pay the bonds,
874	881		warrants, or certificates.
875	882		SECTION 10.33. Section 571.001, Local Government Code, is
876	883		amended to read as follows:
877	884		Sec. 571.001. APPLICABILITY OF SUBCHAPTER. This subchapter
878	885		applies only to a county or municipality that borders the Gulf of
879	886		America [Gulf of Mexico].
880	887		ARTICLE 11. NATURAL RESOURCES CODE PROVISIONS
881	888		SECTION 11.01. Section 11.0111(a), Natural Resources Code,
882	889		is amended to read as follows:
883	890		(a) The commissioner shall:
884	891		(1) have the area between the coastline of the Gulf of
885	892		America [Gulf of Mexico] and the Three Marine League line compiled
886	893		and platted; and
887	894		(2) locate and set the boundary lines between the
888	895		coastal counties from the coastline to the Three Marine League
889	896		line.
890	897		SECTION 11.02. Sections 11.012(b) and (c), Natural
891	898		Resources Code, are amended to read as follows:
892	899		(b) The State of Texas has full sovereignty over the water,
893	900		the beds and shores, and the arms of the Gulf of America [Gulf of
894	901		Mexico] within its boundaries as provided in Subsection (a) of this
895	902		section, subject only to the right of the United States to regulate
896	903		foreign and interstate commerce under Article I, Section 8 of the
897	904		United States Constitution, and the power of the United States over
898	905		admiralty and maritime jurisdiction under Article III, Section 2 of
899	906		the United States Constitution.
900	907		(c) The State of Texas owns the water and the beds and shores
901	908		of the Gulf of America [Gulf of Mexico] and the arms of the Gulf of
902	909		America [Gulf of Mexico] within the boundaries provided in this
903	910		section, including all land which is covered by the Gulf of America
904	911		[Gulf of Mexico] and the arms of the Gulf of America [Gulf of
905	912		Mexico] either at low tide or high tide.
906	913		SECTION 11.03. Sections 11.013(a) and (c), Natural
907	914		Resources Code, are amended to read as follows:
908	915		(a) The gulfward boundary of each county located on the
909	916		coastline of the Gulf of America [Gulf of Mexico] is the Three
910	917		Marine League line as determined by the United States Supreme
911	918		Court.
912	919		(c) The gulfward boundaries of any city, town, or village
913	920		created and operating under the general laws of the State of Texas
914	921		shall not be established or extended by incorporation or annexation
915	922		more than 5,280 feet gulfward beyond the coastline. The governing
916	923		body of such a city, town, or village may, by ordinance, extend the
917	924		municipal boundaries up to 5,280 feet gulfward. Any inclusion of
918	925		territory in any such city, town, or village more than 5,280 feet
919	926		gulfward beyond the coastline is void. The term "coastline" as used
920	927		in this subsection means the line of mean low tide along that
921	928		portion of the coast which is in direct contact with the open Gulf
922	929		of America [Gulf of Mexico]. The term "city, town, or village
923	930		created and operating under the general laws of the State of Texas"
924	931		shall not include any city operating under a home-rule charter.
925	932		If any such general-law city, town, or village has heretofore
926	933		been established by incorporation or attempted incorporation more
927	934		than 5,280 feet gulfward beyond the coastline, the corporate
928	935		existence of such general-law city, town, or village is in all
929	936		things validated, ratified, approved, and confirmed.
930	937		The boundaries of such general-law city, town, or village,
931	938		including the gulfward boundaries to the extent of 5,280 feet
932	939		gulfward beyond the coastline, are in all things validated,
933	940		ratified, approved, and confirmed and shall not be held invalid by
934	941		reason of the inclusion of more territory than is expressly
935	942		authorized in Article 971, Revised Civil Statutes of Texas, 1925,
936	943		as amended, or by reason of the inclusion of territory other than
937	944		that which is intended to be used for strictly town or city purposes
938	945		as required by Section 7.002, Local Government Code or by reason of
939	946		not constituting a city, town, or village.
940	947		Neither this Act nor the general laws nor the special laws of
941	948		the state shall have the effect of validating, ratifying,
942	949		approving, or confirming the inclusion of territory in any such
943	950		general-law city, town, or village more than 5,280 feet gulfward
944	951		beyond the coastline.
945	952		If for any reason it should be determined by any court of
946	953		competent jurisdiction that any such general-law city, town, or
947	954		village has heretofore been incorporated in violation of the laws
948	955		of the state in effect as of the date of such incorporation or is
949	956		invalid, the corporate boundaries of any such general-law city,
950	957		town, or village shall be revised and reformed to exclude all
951	958		territory more than 5,280 feet gulfward of the coastline.
952	959		SECTION 11.04. Section 11.041(a), Natural Resources Code,
953	960		is amended to read as follows:
954	961		(a) In addition to land and minerals granted to the
955	962		permanent school fund under the constitution and other laws of this
956	963		state, the permanent school fund shall include:
957	964		(1) the mineral estate in river beds and channels;
958	965		(2) the mineral estate in areas within tidewater
959	966		limits, including islands, lakes, bays, and the bed of the sea which
960	967		belong to the state; and
961	968		(3) the arms and the beds and shores of the Gulf of
962	969		America [Gulf of Mexico] within the boundary of Texas.
963	970		SECTION 11.05. Section 32.066(a), Natural Resources Code,
964	971		is amended to read as follows:
965	972		(a) The board may grant easements of right-of-way on any
966	973		land except:
967	974		(1) unsold public school land;
968	975		(2) the portion of the Gulf of America [Gulf of Mexico]
969	976		within the jurisdiction of the state; and
970	977		(3) islands, saltwater lakes, bays, inlets, marshes,
971	978		and reefs owned by the state within tidewater limits.
972	979		SECTION 11.06. Sections 32.067(a)(2) and (3), Natural
973	980		Resources Code, are amended to read as follows:
974	981		(2) "Qualifying Gulf of America [Gulf of Mexico]
975	982		property" means land described in Section 52.011(2) that is subject
976	983		to a lease issued under Subchapter B, Chapter 52.
977	984		(3) "Qualifying Gulf of America [Gulf of Mexico]
978	985		reservoir" means a reservoir that:
979	986		(A) during a period established by board rule has
980	987		an average daily per well production equal to or less than 50
981	988		barrels of oil or barrels of oil equivalent; and
982	989		(B) underlies:
983	990		(i) a qualifying Gulf of America [Gulf of
984	991		Mexico] property; or
985	992		(ii) a pooled unit that includes a
986	993		qualifying Gulf of America [Gulf of Mexico] property.
987	994		SECTION 11.07. Sections 33.004(5) and (11), Natural
988	995		Resources Code, are amended to read as follows:
989	996		(5) "Coastal area" means the geographic area
990	997		comprising all the counties in Texas which have any tidewater
991	998		shoreline, including that portion of the bed and water of the Gulf
992	999		of America [Gulf of Mexico] within the jurisdiction of the State of
993	1000		Texas.
994	1001		(11) "Submerged land" means any land extending from
995	1002		the boundary between the land of the state and the littoral owners
996	1003		seaward to the low-water mark on any saltwater lake, bay, inlet,
997	1004		estuary, or inland water within the tidewater limits, and any land
998	1005		lying beneath the body of water, but for the purposes of this
999	1006		chapter only, shall exclude beaches bordering on and the water of
1000	1007		the open Gulf of America [Gulf of Mexico] and the land lying beneath
1001	1008		this water.
1002	1009		SECTION 11.08. Sections 33.203(1), (6), (11), (15), and
1003	1010		(18), Natural Resources Code, are amended to read as follows:
1004	1011		(1) "Coastal natural resource areas" means:
1005	1012		(A) coastal barriers;
1006	1013		(B) coastal historic areas;
1007	1014		(C) coastal preserves;
1008	1015		(D) coastal shore areas;
1009	1016		(E) coastal wetlands;
1010	1017		(F) critical dune areas;
1011	1018		(G) critical erosion areas;
1012	1019		(H) gulf beaches;
1013	1020		(I) hard substrate reefs;
1014	1021		(J) oyster reefs;
1015	1022		(K) submerged land;
1016	1023		(L) special hazard areas;
1017	1024		(M) submerged aquatic vegetation;
1018	1025		(N) tidal sand or mud flats;
1019	1026		(O) water of the open Gulf of America [Gulf of
1020	1027		Mexico]; and
1021	1028		(P) water under tidal influence.
1022	1029		(6) "Coastal waters" means waters under tidal
1023	1030		influence and waters of the open Gulf of America [Gulf of Mexico].
1024	1031		(11) "Gulf beach" means a beach bordering the Gulf of
1025	1032		America [Gulf of Mexico] that is:
1026	1033		(A) located inland from the mean low tide line to
1027	1034		the natural line of vegetation bordering the seaward shore of the
1028	1035		Gulf of America [Gulf of Mexico]; or
1029	1036		(B) part of a contiguous beach area to which the
1030	1037		public has a right of use or easement:
1031	1038		(i) continuously held by the public; or
1032	1039		(ii) acquired by the public by
1033	1040		prescription, dedication, or estoppel.
1034	1041		(15) "Submerged land" means land located under waters
1035	1042		under tidal influence or under waters of the open Gulf of America
1036	1043		[Gulf of Mexico], without regard to whether the land is owned by the
1037	1044		state or a person other than the state.
1038	1045		(18) "Water of the open Gulf of America [Gulf of
1039	1046		Mexico]" means water in this state, as defined by Section
1040	1047		26.001(5), Water Code, that is part of the open water of the Gulf of
1041	1048		America [Gulf of Mexico] and that is within the territorial limits
1042	1049		of the state.
1043	1050		SECTION 11.09. Section 33.233(5), Natural Resources Code,
1044	1051		is amended to read as follows:
1045	1052		(5) "Seawater" means any water containing a
1046	1053		concentration of one-twentieth of one percent or more by weight of
1047	1054		total dissolved inorganic salts derived from the marine water of
1048	1055		the Gulf of America [Gulf of Mexico].
1049	1056		SECTION 11.10. Section 33.607(b), Natural Resources Code,
1050	1057		is amended to read as follows:
1051	1058		(b) On an ongoing basis, the commissioner, in consultation
1052	1059		with the Bureau of Economic Geology of The University of Texas at
1053	1060		Austin and coastal county and municipal governments, shall monitor
1054	1061		historical erosion rates at each location along the shore of the
1055	1062		Gulf of America [Gulf of Mexico].
1056	1063		SECTION 11.11. Section 33.613(a), Natural Resources Code,
1057	1064		is amended to read as follows:
1058	1065		(a) Notwithstanding Sections 66.204 and 81.103, Parks and
1059	1066		Wildlife Code, the commissioner may undertake the closure or
1060	1067		modification of a man-made pass or its environs between the Gulf of
1061	1068		America [Gulf of Mexico] and an inland bay if:
1062	1069		(1) the commissioner determines that the pass causes
1063	1070		or contributes to significant erosion of the shoreline of the
1064	1071		adjacent beach;
1065	1072		(2) the pass is not a public navigational channel
1066	1073		constructed or maintained by the federal government; and
1067	1074		(3) the land office receives legislative
1068	1075		appropriations or other funding for that purpose.
1069	1076		SECTION 11.12. Section 33.651(2), Natural Resources Code,
1070	1077		is amended to read as follows:
1071	1078		(2) "Coastal county" means a county that borders on
1072	1079		the Gulf of America [Gulf of Mexico].
1073	1080		SECTION 11.13. Section 33.656, Natural Resources Code, is
1074	1081		amended to read as follows:
1075	1082		Sec. 33.656. PROJECTS THAT QUALIFY FOR FUNDING. To qualify
1076	1083		for funding under this subchapter, a project must:
1077	1084		(1) be sponsored by a coastal county;
1078	1085		(2) be located within the sponsoring coastal county
1079	1086		along or adjacent to the shore of the Gulf of America [Gulf of
1080	1087		Mexico], an inland bay, or a connecting channel between the Gulf of
1081	1088		America [Gulf of Mexico] and an inland bay;
1082	1089		(3) be accessible by public roads or a common carrier
1083	1090		ferry;
1084	1091		(4) be identified and approved for funding by a
1085	1092		coastal county and the land office; and
1086	1093		(5) require more than $5 million to complete, as
1087	1094		estimated by the land office, unless the project implements a
1088	1095		building set-back line established under Section 33.607.
1089	1096		SECTION 11.14. Section 40.003(2), Natural Resources Code,
1090	1097		is amended to read as follows:
1091	1098		(2) "Coastal waters" means the waters and bed of the
1092	1099		Gulf of America [Gulf of Mexico] within the jurisdiction of the
1093	1100		State of Texas, including the arms of the Gulf of America [Gulf of
1094	1101		Mexico] subject to tidal influence, and any other waters contiguous
1095	1102		thereto that are navigable by vessels with a capacity to carry
1096	1103		10,000 gallons or more of oil as fuel or cargo.
1097	1104		SECTION 11.15. Section 51.291(a), Natural Resources Code,
1098	1105		is amended to read as follows:
1099	1106		(a) Except as provided by Subsection (b), the commissioner
1100	1107		may execute grants of easements or other interests in property for
1101	1108		rights-of-way or access across, through, and under unsold public
1102	1109		school land, the portion of the Gulf of America [Gulf of Mexico]
1103	1110		within the jurisdiction of the state, the state-owned riverbeds and
1104	1111		beds of navigable streams in the public domain, and all islands,
1105	1112		saltwater lakes, bays, inlets, marshes, and reefs owned by the
1106	1113		state within tidewater limits for:
1107	1114		(1) telephone, telegraph, electric transmission, and
1108	1115		power lines;
1109	1116		(2) oil pipelines, including pipelines connecting the
1110	1117		onshore storage facilities with the offshore facilities of a
1111	1118		deepwater port, as defined by the federal Deepwater Port Act of 1974
1112	1119		(33 U.S.C.A. Section 1501 et seq.), gas pipelines, sulphur
1113	1120		pipelines, and other electric lines and pipelines of any nature;
1114	1121		(3) irrigation canals, laterals, and water pipelines;
1115	1122		(4) roads; and
1116	1123		(5) any other purpose the commissioner considers to be
1117	1124		in the best interest of the state.
1118	1125		SECTION 11.16. Section 52.011, Natural Resources Code, is
1119	1126		amended to read as follows:
1120	1127		Sec. 52.011. AREA SUBJECT TO LEASE. Under the provisions of
1121	1128		this subchapter, the board may lease to any person for the
1122	1129		production of oil and natural gas:
1123	1130		(1) islands, saltwater lakes, bays, inlets, marshes,
1124	1131		and reefs owned by the state within tidewater limits;
1125	1132		(2) the portion of the Gulf of America [Gulf of Mexico]
1126	1133		within the jurisdiction of the state;
1127	1134		(3) all unsold surveyed and unsurveyed public school
1128	1135		land; and
1129	1136		(4) all land sold with a reservation of minerals to the
1130	1137		state under Section 51.054 or 51.086 of this code in which the state
1131	1138		has retained leasing rights.
1132	1139		SECTION 11.17. Section 52.297(a), Natural Resources Code,
1133	1140		is amended to read as follows:
1134	1141		(a) Leases issued under Subchapter B of this chapter for
1135	1142		unsold surveyed or unsurveyed school land, other than land included
1136	1143		in islands, saltwater lakes, bays, inlets, marshes, and reefs owned
1137	1144		by the state in tidewater limits and other than that portion of the
1138	1145		Gulf of America [Gulf of Mexico] within the jurisdiction of the
1139	1146		state, must include a provision requiring the compensation for
1140	1147		damages from the use of the surface in prospecting for, exploring,
1141	1148		developing, or producing the leased minerals.
1142	1149		SECTION 11.18. Section 52.321(4), Natural Resources Code,
1143	1150		is amended to read as follows:
1144	1151		(4) "Areas within tidewater limits" means islands,
1145	1152		saltwater lakes, bays, inlets, marshes, and reefs within tidewater
1146	1153		limits and that portion of the Gulf of America [Gulf of Mexico]
1147	1154		within the jurisdiction of Texas.
1148	1155		SECTION 11.19. Section 53.011, Natural Resources Code, is
1149	1156		amended to read as follows:
1150	1157		Sec. 53.011. LAND SUBJECT TO PROSPECT. Any tract of land
1151	1158		that belongs to the state, including islands, salt and freshwater
1152	1159		lakes, bays, inlets, marshes, and reefs owned by the state within
1153	1160		tidewater limits, the part of the Gulf of America [Gulf of Mexico]
1154	1161		within the state's jurisdiction, unsold surveyed public school
1155	1162		land, rivers and channels that belong to the state, and land sold
1156	1163		with a reservation of minerals to the state are subject to prospect
1157	1164		by any person for those minerals which are not subject to lease or
1158	1165		permit under any other statute. A person may not prospect from a
1159	1166		location within 2,500 feet of a military base, but prospectors may,
1160	1167		from a location more than 2,500 feet from a base, look for minerals
1161	1168		within the 2,500-foot strip.
1162	1169		SECTION 11.20. Section 53.151(a), Natural Resources Code,
1163	1170		is amended to read as follows:
1164	1171		(a) Under the provisions of this subchapter, the board may
1165	1172		lease to any person for the production of coal, lignite, sulphur,
1166	1173		salt, and potash:
1167	1174		(1) islands, saltwater lakes, bays, inlets, marshes,
1168	1175		and reefs owned by the state within tidewater limits;
1169	1176		(2) the portion of the Gulf of America [Gulf of Mexico]
1170	1177		within the jurisdiction of the state;
1171	1178		(3) rivers and channels that belong to the state;
1172	1179		(4) all unsold surveyed and unsurveyed public school
1173	1180		land; and
1174	1181		(5) all land sold with a reservation of minerals to the
1175	1182		state under Section 51.054 or 51.086 of this code in which the state
1176	1183		has retained leasing rights.
1177	1184		SECTION 11.21. Section 53.155(a), Natural Resources Code,
1178	1185		is amended to read as follows:
1179	1186		(a) Leases issued under Subchapter B or E of this chapter
1180	1187		for unsold surveyed or unsurveyed school land, other than land
1181	1188		included in islands, saltwater lakes, bays, inlets, marshes, and
1182	1189		reefs owned by the state in tidewater limits and other than that
1183	1190		portion of the Gulf of America [Gulf of Mexico] within the
1184	1191		jurisdiction of the state, must include a provision requiring
1185	1192		compensation for damages from the use of the surface in prospecting
1186	1193		for, exploring, developing, or producing the leased minerals.
1187	1194		SECTION 11.22. Section 53.161(7), Natural Resources Code,
1188	1195		is amended to read as follows:
1189	1196		(7) "Areas within tidewater limits" means islands,
1190	1197		saltwater lakes, bays, inlets, marshes, and reefs within tidewater
1191	1198		limits and that portion of the Gulf of America [Gulf of Mexico]
1192	1199		within the jurisdiction of Texas.
1193	1200		SECTION 11.23. Section 61.001(8), Natural Resources Code,
1194	1201		is amended to read as follows:
1195	1202		(8) "Public beach" means any beach area, whether
1196	1203		publicly or privately owned, extending inland from the line of mean
1197	1204		low tide to the line of vegetation bordering on the Gulf of America
1198	1205		[Gulf of Mexico] to which the public has acquired the right of use
1199	1206		or easement to or over the area by prescription, dedication,
1200	1207		presumption, or has retained a right by virtue of continuous right
1201	1208		in the public since time immemorial, as recognized in law and
1202	1209		custom. This definition does not include a beach that is not
1203	1210		accessible by a public road or public ferry as provided in Section
1204	1211		61.021 of this code.
1205	1212		SECTION 11.24. Section 61.011(a), Natural Resources Code,
1206	1213		is amended to read as follows:
1207	1214		(a) It is declared and affirmed to be the public policy of
1208	1215		this state that the public, individually and collectively, shall
1209	1216		have the free and unrestricted right of ingress and egress to and
1210	1217		from the state-owned beaches bordering on the seaward shore of the
1211	1218		Gulf of America [Gulf of Mexico], or if the public has acquired a
1212	1219		right of use or easement to or over an area by prescription,
1213	1220		dedication, or has retained a right by virtue of continuous right in
1214	1221		the public, the public shall have the free and unrestricted right of
1215	1222		ingress and egress to the larger area extending from the line of
1216	1223		mean low tide to the line of vegetation bordering on the Gulf of
1217	1224		America [Gulf of Mexico].
1218	1225		SECTION 11.25. Section 61.012, Natural Resources Code, is
1219	1226		amended to read as follows:
1220	1227		Sec. 61.012. DEFINITION. In this subchapter, "beach" means
1221	1228		state-owned beaches to which the public has the right of ingress and
1222	1229		egress bordering on the seaward shore of the Gulf of America [Gulf
1223	1230		of Mexico] or any larger area extending from the line of mean low
1224	1231		tide to the line of vegetation bordering on the Gulf of America
1225	1232		[Gulf of Mexico] if the public has acquired a right of use or
1226	1233		easement to or over the area by prescription, dedication, or has
1227	1234		retained a right by virtue of continuous right in the public.
1228	1235		SECTION 11.26. Section 61.013(c), Natural Resources Code,
1229	1236		is amended to read as follows:
1230	1237		(c) For purposes of this section, "public beach" shall mean
1231	1238		any beach bordering on the Gulf of America [Gulf of Mexico] that
1232	1239		extends inland from the line of mean low tide to the natural line of
1233	1240		vegetation bordering on the seaward shore of the Gulf of America
1234	1241		[Gulf of Mexico], or such larger contiguous area to which the public
1235	1242		has acquired a right of use or easement to or over by prescription,
1236	1243		dedication, or estoppel, or has retained a right by virtue of
1237	1244		continuous right in the public since time immemorial as recognized
1238	1245		by law or custom. This definition does not include a beach that is
1239	1246		not accessible by a public road or public ferry as provided in
1240	1247		Section 61.021 of this code.
1241	1248		SECTION 11.27. Section 61.014(a), Natural Resources Code,
1242	1249		is amended to read as follows:
1243	1250		(a) As used in this section, "public beach" means the area
1244	1251		extending from the line of mean low tide of the Gulf of America
1245	1252		[Gulf of Mexico] to the line of vegetation bordering on the Gulf of
1246	1253		America [Gulf of Mexico], or to a line 200 feet inland from the line
1247	1254		of mean low tide, whichever is nearer the line of mean low tide, if
1248	1255		the public has acquired a right of use or easement to or over the
1249	1256		area by prescription, dedication, or has retained a right by virtue
1250	1257		of continuous right in the public.
1251	1258		SECTION 11.28. Section 61.018(a-1), Natural Resources
1252	1259		Code, is amended to read as follows:
1253	1260		(a-1) A county attorney, district attorney, or criminal
1254	1261		district attorney or the attorney general may not file a suit under
1255	1262		Subsection (a) to obtain a temporary or permanent court order or
1256	1263		injunction, either prohibitory or mandatory, to remove a house from
1257	1264		a public beach if:
1258	1265		(1) the line of vegetation establishing the boundary
1259	1266		of the public beach moved as a result of a meteorological event that
1260	1267		occurred before January 1, 2009;
1261	1268		(2) the house was located landward of the natural line
1262	1269		of vegetation before the meteorological event;
1263	1270		(3) a portion of the house continues to be located
1264	1271		landward of the line of vegetation; and
1265	1272		(4) the house is located on a peninsula in a county
1266	1273		with a population of more than 315,000 and less than 351,000 that
1267	1274		borders the Gulf of America [Gulf of Mexico].
1268	1275		SECTION 11.29. Section 61.022(a), Natural Resources Code,
1269	1276		is amended to read as follows:
1270	1277		(a) The provisions of this subchapter do not prevent any of
1271	1278		the following governmental entities from erecting or maintaining
1272	1279		any groin, seawall, barrier, pass, channel, jetty, or other
1273	1280		structure as an aid to navigation, protection of the shore,
1274	1281		fishing, safety, or other lawful purpose authorized by the
1275	1282		constitution or laws of this state or the United States:
1276	1283		(1) an agency, department, institution, subdivision,
1277	1284		or instrumentality of the federal government;
1278	1285		(2) an agency, department, institution, or
1279	1286		instrumentality of this state;
1280	1287		(3) a county;
1281	1288		(4) a municipality;
1282	1289		(5) a subdivision of this state, other than a county or
1283	1290		municipality, acting in partnership with the county or municipality
1284	1291		in which the structure is located; or
1285	1292		(6) a subdivision of this state, acting with the
1286	1293		approval of the commissioner, if the structure is a shore
1287	1294		protection structure that:
1288	1295		(A) is designed to protect public
1289	1296		infrastructure, including a state or county highway or bridge;
1290	1297		(B) is located on land that:
1291	1298		(i) is state-owned submerged land or was
1292	1299		acquired for the project by a subdivision of this state; and
1293	1300		(ii) is located in or adjacent to the mouth
1294	1301		of a natural inlet from the Gulf of America [Gulf of Mexico]; and
1295	1302		(C) extends at least 1,000 feet along the
1296	1303		shoreline.
1297	1304		SECTION 11.30. Section 61.023, Natural Resources Code, is
1298	1305		amended to read as follows:
1299	1306		Sec. 61.023. EFFECT ON LAND TITLES AND PROPERTY ADJACENT TO
1300	1307		AND ON BEACHES. The provisions of this subchapter shall not be
1301	1308		construed as affecting in any way the title of the owners of land
1302	1309		adjacent to any state-owned beach bordering on the seaward shore of
1303	1310		the Gulf of America [Gulf of Mexico] or to the continuation of
1304	1311		fences for the retention of livestock across sections of beach
1305	1312		which are not accessible to motor vehicle traffic by public road or
1306	1313		by beach.
1307	1314		SECTION 11.31. Section 61.025(a), Natural Resources Code,
1308	1315		is amended to read as follows:
1309	1316		(a) Except as provided by Subsection (b), a person who sells
1310	1317		or conveys an interest, other than a mineral, leasehold, or
1311	1318		security interest, in real property located seaward of the Gulf
1312	1319		Intracoastal Waterway to its southernmost point and then seaward of
1313	1320		the longitudinal line also known as 97 degrees, 12', 19" which runs
1314	1321		southerly to the international boundary from the intersection of
1315	1322		the centerline of the Gulf Intracoastal Waterway and the
1316	1323		Brownsville Ship Channel must include in any executory contract for
1317	1324		conveyance a statement in substantially the following form:
1318	1325		CONCERNING THE PROPERTY AT ________________________________
1319	1326		DISCLOSURE NOTICE CONCERNING LEGAL AND ECONOMIC RISKS
1320	1327		OF PURCHASING COASTAL REAL PROPERTY NEAR A BEACH
1321	1328		WARNING: THE FOLLOWING NOTICE OF POTENTIAL RISKS OF ECONOMIC
1322	1329		LOSS TO YOU AS THE PURCHASER OF COASTAL REAL PROPERTY IS REQUIRED BY
1323	1330		STATE LAW.
1324	1331		● READ THIS NOTICE CAREFULLY. DO NOT SIGN THIS CONTRACT
1325	1332		UNTIL YOU FULLY UNDERSTAND THE RISKS YOU ARE ASSUMING.
1326	1333		● BY PURCHASING THIS PROPERTY, YOU MAY BE ASSUMING
1327	1334		ECONOMIC RISKS OVER AND ABOVE THE RISKS INVOLVED IN PURCHASING
1328	1335		INLAND REAL PROPERTY.
1329	1336		● IF YOU OWN A STRUCTURE LOCATED ON COASTAL REAL PROPERTY
1330	1337		NEAR A GULF COAST BEACH, IT MAY COME TO BE LOCATED ON THE PUBLIC
1331	1338		BEACH BECAUSE OF COASTAL EROSION AND STORM EVENTS.
1332	1339		● AS THE OWNER OF A STRUCTURE LOCATED ON THE PUBLIC BEACH,
1333	1340		YOU COULD BE SUED BY THE STATE OF TEXAS AND ORDERED TO REMOVE THE
1334	1341		STRUCTURE.
1335	1342		● THE COSTS OF REMOVING A STRUCTURE FROM THE PUBLIC BEACH
1336	1343		AND ANY OTHER ECONOMIC LOSS INCURRED BECAUSE OF A REMOVAL ORDER
1337	1344		WOULD BE SOLELY YOUR RESPONSIBILITY.
1338	1345		The real property described in this contract is located
1339	1346		seaward of the Gulf Intracoastal Waterway to its southernmost point
1340	1347		and then seaward of the longitudinal line also known as 97 degrees,
1341	1348		12', 19" which runs southerly to the international boundary from
1342	1349		the intersection of the centerline of the Gulf Intracoastal
1343	1350		Waterway and the Brownsville Ship Channel. If the property is in
1344	1351		close proximity to a beach fronting the Gulf of America [Gulf of
1345	1352		Mexico], the purchaser is hereby advised that the public has
1346	1353		acquired a right of use or easement to or over the area of any public
1347	1354		beach by prescription, dedication, or presumption, or has retained
1348	1355		a right by virtue of continuous right in the public since time
1349	1356		immemorial, as recognized in law and custom.
1350	1357		The extreme seaward boundary of natural vegetation that
1351	1358		spreads continuously inland customarily marks the landward
1352	1359		boundary of the public easement. If there is no clearly marked
1353	1360		natural vegetation line, the landward boundary of the easement is
1354	1361		as provided by Sections 61.016 and 61.017, Natural Resources Code.
1355	1362		Much of the Gulf of America [Gulf of Mexico] coastline is
1356	1363		eroding at rates of more than five feet per year. Erosion rates for
1357	1364		all Texas Gulf property subject to the open beaches act are
1358	1365		available from the Texas General Land Office.
1359	1366		State law prohibits any obstruction, barrier, restraint, or
1360	1367		interference with the use of the public easement, including the
1361	1368		placement of structures seaward of the landward boundary of the
1362	1369		easement. OWNERS OF STRUCTURES ERECTED SEAWARD OF THE VEGETATION
1363	1370		LINE (OR OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD
1364	1371		OF THE VEGETATION LINE AS A RESULT OF PROCESSES SUCH AS SHORELINE
1365	1372		EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE THE
1366	1373		STRUCTURES.
1367	1374		The purchaser is hereby notified that the purchaser should:
1368	1375		(1) determine the rate of shoreline erosion in the
1369	1376		vicinity of the real property; and
1370	1377		(2) seek the advice of an attorney or other qualified
1371	1378		person before executing this contract or instrument of conveyance
1372	1379		as to the relevance of these statutes and facts to the value of the
1373	1380		property the purchaser is hereby purchasing or contracting to
1374	1381		purchase.
1375	1382		SECTION 11.32. Section 61.062, Natural Resources Code, is
1376	1383		amended to read as follows:
1377	1384		Sec. 61.062. PUBLIC POLICY. It is the public policy of this
1378	1385		state that the public, individually and collectively, shall have
1379	1386		the free and unrestricted right of ingress and egress to and from
1380	1387		the state-owned beaches bordering on the seaward shore of the Gulf
1381	1388		of America [Gulf of Mexico] if the public has acquired a right of
1382	1389		use or easement to or over the area by prescription, dedication, or
1383	1390		continuous use. This creates a responsibility for the state, in its
1384	1391		position as trustee for the public to assist local governments in
1385	1392		the cleaning of beach areas which are subject to the access rights
1386	1393		of the public as defined in Subchapter B of this chapter.
1387	1394		SECTION 11.33. Section 61.064, Natural Resources Code, is
1388	1395		amended to read as follows:
1389	1396		Sec. 61.064. APPLICATION OF SUBCHAPTER. This subchapter
1390	1397		applies to incorporated cities, towns, and villages that are
1391	1398		located or border on the Gulf of America [Gulf of Mexico] and to all
1392	1399		counties that are located or border on the Gulf of America [Gulf of
1393	1400		Mexico] if the city, town, or village or county that makes
1394	1401		application for funds under this subchapter has within its
1395	1402		boundaries public beaches.
1396	1403		SECTION 11.34. Sections 61.065(a) and (c), Natural
1397	1404		Resources Code, are amended to read as follows:
1398	1405		(a) It is the duty and responsibility of the governing body
1399	1406		of any incorporated city, town, or village located or bordering on
1400	1407		the Gulf of America [Gulf of Mexico] to clean and maintain the
1401	1408		condition of all public beaches within the corporate boundaries.
1402	1409		(c) As part of the duty under this section to clean and
1403	1410		maintain the condition of public beaches, a municipality shall:
1404	1411		(1) during reasonable daylight hours, as established
1405	1412		and posted by the municipality, from Memorial Day to Labor Day,
1406	1413		provide, or ensure that a park board created by the municipality
1407	1414		under Chapter 306, Local Government Code, provides:
1408	1415		(A) occupied lifeguard towers or mobile
1409	1416		lifeguard units on each side of each pier, jetty, or other structure
1410	1417		that protrudes into the Gulf of America [Gulf of Mexico] that is
1411	1418		located within the corporate boundaries; or
1412	1419		(B) a single occupied lifeguard tower or mobile
1413	1420		lifeguard unit at each pier, jetty, or other structure that
1414	1421		protrudes into the Gulf of America [Gulf of Mexico] that is located
1415	1422		within the corporate boundaries if the single tower provides an
1416	1423		unobstructed view of both sides of the structure; and
1417	1424		(2) post within 100 yards of each side of each
1418	1425		structure described by Subdivision (1) signs clearly describing the
1419	1426		dangerous water conditions that may occur near the structure.
1420	1427		SECTION 11.35. Sections 61.066(a) and (b), Natural
1421	1428		Resources Code, are amended to read as follows:
1422	1429		(a) It is the duty and responsibility of the commissioners
1423	1430		court of any county located or bordering on the Gulf of America
1424	1431		[Gulf of Mexico] to clean and maintain the condition of all public
1425	1432		beaches located inside the county but outside the boundaries of any
1426	1433		incorporated city located or bordering on the Gulf of America [Gulf
1427	1434		of Mexico] and all public beaches owned by the county and located
1428	1435		inside the boundaries of an incorporated city, town, or village.
1429	1436		(b) As part of the duty under this section to clean and
1430	1437		maintain the condition of public beaches, a county shall:
1431	1438		(1) during reasonable daylight hours, as established
1432	1439		and posted by the county, from Memorial Day to Labor Day, provide:
1433	1440		(A) occupied lifeguard towers or mobile
1434	1441		lifeguard units on each side of each pier, jetty, or other structure
1435	1442		that protrudes into the Gulf of America [Gulf of Mexico] that is
1436	1443		located on a public beach described by Subsection (a); or
1437	1444		(B) a single occupied lifeguard tower or mobile
1438	1445		lifeguard unit at each pier, jetty, or other structure that
1439	1446		protrudes into the Gulf of America [Gulf of Mexico] that is located
1440	1447		on a public beach described by Subsection (a) if the single tower
1441	1448		provides an unobstructed view of both sides of the structure; and
1442	1449		(2) post within 100 yards of each side of each
1443	1450		structure described by Subdivision (1) signs clearly describing the
1444	1451		dangerous water conditions that may occur near the structure.
1445	1452		SECTION 11.36. Section 61.066(e), Natural Resources Code,
1446	1453		as added by Chapter 466 (H.B. 630), Acts of the 88th Legislature,
1447	1454		Regular Session, 2023, is redesignated as Section 61.066(d),
1448	1455		Natural Resources Code, and amended to read as follows:
1449	1456		(d) [(e)] Subsection (b)(1) does not apply to a county
1450	1457		adjacent to a county with a population of more than 3.3 million that
1451	1458		contains a municipality adjacent to the Gulf of America [Gulf of
1452	1459		Mexico] with a population of less than 1,000.
1453	1460		SECTION 11.37. Section 61.067(a-2), Natural Resources
1454	1461		Code, is amended to read as follows:
1455	1462		(a-2) As part of the duty under this section to clean and
1456	1463		maintain the condition of public beaches located within state
1457	1464		parks, the department shall:
1458	1465		(1) during reasonable daylight hours, as established
1459	1466		and posted by the department, from Memorial Day to Labor Day,
1460	1467		provide:
1461	1468		(A) occupied lifeguard towers or mobile
1462	1469		lifeguard units on each side of each pier, jetty, or other structure
1463	1470		that protrudes into the Gulf of America [Gulf of Mexico] that is
1464	1471		located within a state park; or
1465	1472		(B) a single occupied lifeguard tower or mobile
1466	1473		lifeguard unit at each pier, jetty, or other structure that
1467	1474		protrudes into the Gulf of America [Gulf of Mexico] that is located
1468	1475		within a state park if the single tower provides an unobstructed
1469	1476		view of both sides of the structure; and
1470	1477		(2) post within 100 yards of each side of each
1471	1478		structure described by Subdivision (1) signs clearly describing the
1472	1479		dangerous water conditions that may occur near the structure.
1473	1480		SECTION 11.38. Section 61.078, Natural Resources Code, is
1474	1481		amended to read as follows:
1475	1482		Sec. 61.078. AUTHORITY TO SPEND COUNTY FUNDS. The
1476	1483		commissioners court of any county located or bordering on the Gulf
1477	1484		of America [Gulf of Mexico] may spend from any available fund the
1478	1485		amount it considers necessary to carry out the responsibilities
1479	1486		provided in this subchapter.
1480	1487		SECTION 11.39. Section 61.080(a), Natural Resources Code,
1481	1488		is amended to read as follows:
1482	1489		(a) The governing body of any incorporated city located or
1483	1490		bordering on the Gulf of America [Gulf of Mexico] that is not
1484	1491		entitled to receive funds under this subchapter may contract with
1485	1492		the commissioners court of the county in which the city is located
1486	1493		to allow the county to clean the beaches within the corporate limits
1487	1494		of the city.
1488	1495		SECTION 11.40. Section 61.083, Natural Resources Code, is
1489	1496		amended to read as follows:
1490	1497		Sec. 61.083. EXEMPTIONS FROM SUBCHAPTER. None of the
1491	1498		provisions of this subchapter apply to any beach area that does not
1492	1499		border on the Gulf of America [Gulf of Mexico] or to any island or
1493	1500		peninsula that is not accessible by a public road or common carrier
1494	1501		ferry facility as long as that condition exists.
1495	1502		SECTION 11.41. Sections 61.122(a), (b), (c), and (d),
1496	1503		Natural Resources Code, are amended to read as follows:
1497	1504		(a) The commissioners court of a county bordering on the
1498	1505		Gulf of America [Gulf of Mexico] or its tidewater limits, by order,
1499	1506		may regulate motor vehicle traffic on any beach within the
1500	1507		boundaries of the county, including prohibiting motor vehicle
1501	1508		traffic on any natural or man-made sand dune or other form of
1502	1509		shoreline protection, and may prohibit the littering of the beach
1503	1510		and may define the term "littering."
1504	1511		(b) The commissioners court of a county bordering the Gulf
1505	1512		of America [Gulf of Mexico] or its tidewaters, by order, may
1506	1513		regulate the possession of animals on the beach within its
1507	1514		boundaries, including but not limited to prohibiting animals to run
1508	1515		at large on said beach.
1509	1516		(c) The commissioners court of a county bordering the Gulf
1510	1517		of America [Gulf of Mexico] or its tidewaters, by order, may
1511	1518		regulate swimming in passes leading to and from the Gulf of America
1512	1519		[Gulf of Mexico], located within its boundaries, including but not
1513	1520		limited to prohibiting swimming in said passes and posting signs
1514	1521		notifying persons of such regulation or prohibition.
1515	1522		(d) The commissioners court of a county bordering on the
1516	1523		Gulf of America [Gulf of Mexico] or its tidewater limits, by order,
1517	1524		may prohibit the use and possession of all glass containers and
1518	1525		products on a beach in the unincorporated area of the county. The
1519	1526		commissioners court shall not prohibit any one or several glass
1520	1527		products to the exclusion of any others.
1521	1528		SECTION 11.42. Section 61.129(a), Natural Resources Code,
1522	1529		is amended to read as follows:
1523	1530		(a) Except as provided in Section 61.022 of this code, this
1524	1531		subchapter does not limit the power of an incorporated city, town,
1525	1532		or village bordering on the Gulf of America [Gulf of Mexico] or any
1526	1533		adjacent body of water to regulate motor vehicle traffic and
1527	1534		prohibit littering on any beach within its corporate limits.
1528	1535		SECTION 11.43. Section 61.132(a), Natural Resources Code,
1529	1536		is amended to read as follows:
1530	1537		(a) This section applies only to a county bordering on the
1531	1538		Gulf of America [Gulf of Mexico] or its tidewater limits that
1532	1539		contains a launch site the construction and operation of which have
1533	1540		been approved in a record of decision issued by the Federal Aviation
1534	1541		Administration following the preparation of an environmental
1535	1542		impact statement by that administration.
1536	1543		SECTION 11.44. Section 61.161, Natural Resources Code, is
1537	1544		amended to read as follows:
1538	1545		Sec. 61.161. PUBLIC POLICY. It is the public policy of this
1539	1546		state that the state-owned beaches bordering on the seaward shore
1540	1547		of the Gulf of America [Gulf of Mexico], and any larger area
1541	1548		extending from the line of mean low tide to the line of vegetation
1542	1549		bordering on the Gulf of America [Gulf of Mexico], if the public has
1543	1550		acquired a right of use or easement to or over the area by the
1544	1551		prescription or dedication or has retained a right by virtue of
1545	1552		continuous right in the public, shall be used primarily for
1546	1553		recreational purposes, and any use which substantially interferes
1547	1554		with the enjoyment of the beach area by the public shall constitute
1548	1555		an offense against the public policy of the state. Nothing in this
1549	1556		subchapter prevents any agency, department, political subdivision,
1550	1557		or municipal corporation of this state from exercising its lawful
1551	1558		authority under any law of this state to regulate safety conditions
1552	1559		on any beach area subject to public use.
1553	1560		SECTION 11.45. Section 61.162(a), Natural Resources Code,
1554	1561		is amended to read as follows:
1555	1562		(a) The legislature finds that the operation and
1556	1563		maintenance of business establishments at fixed or permanent
1557	1564		locations on the public beaches of this state bordering on the
1558	1565		seaward shore of the Gulf of America [Gulf of Mexico] constitute a
1559	1566		potential public health hazard and a substantial interference with
1560	1567		the free and unrestricted rights of ingress and egress of the
1561	1568		public, both individually and collectively, to and from the
1562	1569		state-owned beaches bordering on the seaward shore of the Gulf of
1563	1570		America [Gulf of Mexico] or any larger area extending from the line
1564	1571		of mean low tide to the line of vegetation bordering on the Gulf of
1565	1572		America [Gulf of Mexico] if the public has acquired a right of use
1566	1573		or easement to or over the area by prescription, dedication, or has
1567	1574		retained a right by virtue of continuous right in the public.
1568	1575		SECTION 11.46. Section 61.211, Natural Resources Code, is
1569	1576		amended to read as follows:
1570	1577		Sec. 61.211. FINDINGS. The legislature finds that the
1571	1578		unregulated excavation, taking, removal, and carrying away of sand,
1572	1579		marl, gravel, and shell from islands and peninsulas bordering on
1573	1580		the Gulf of America [Gulf of Mexico] and from the public beaches of
1574	1581		the state constitute a substantial interference with public
1575	1582		enjoyment of Texas beaches and a hazard to life and property.
1576	1583		SECTION 11.47. Section 61.213, Natural Resources Code, is
1577	1584		amended to read as follows:
1578	1585		Sec. 61.213. APPLICATION. Before a person excavates,
1579	1586		takes, removes, or carries away sand, marl, gravel, or shell from
1580	1587		land located on an exposed island or peninsula bordering on the Gulf
1581	1588		of America [Gulf of Mexico] or from land located within 1,500 feet
1582	1589		of a mainland public beach that is located outside the boundaries of
1583	1590		an incorporated city, town, or village, he must submit a written
1584	1591		application to the commissioners court of the county in which the
1585	1592		excavation, taking, removal, or carrying away is to take place.
1586	1593		SECTION 11.48. Section 61.223, Natural Resources Code, is
1587	1594		amended to read as follows:
1588	1595		Sec. 61.223. SUITS FOR ORDERS AND INJUNCTIONS. The
1589	1596		attorney general, any county attorney, district attorney, or
1590	1597		criminal district attorney of the state shall file in a district
1591	1598		court in the county in which the conduct takes place, a suit seeking
1592	1599		temporary or permanent court orders or injunctions to prohibit any
1593	1600		excavating, taking, removing, or carrying away of any sand, marl,
1594	1601		gravel, or shell from land located on an exposed island or peninsula
1595	1602		bordering on the Gulf of America [Gulf of Mexico] or from land
1596	1603		located within 1,500 feet of a public beach of this state if the
1597	1604		land is located outside the boundaries of an incorporated city,
1598	1605		town, or village in violation of the provisions of this subchapter.
1599	1606		SECTION 11.49. Section 61.224, Natural Resources Code, is
1600	1607		amended to read as follows:
1601	1608		Sec. 61.224. PENALTY. A person who for himself or on behalf
1602	1609		of or under the direction of another person excavates, takes,
1603	1610		removes, or carries away sand, marl, gravel, or shell from land
1604	1611		located on an exposed island or peninsula bordering on the Gulf of
1605	1612		America [Gulf of Mexico] or from land located within 1,500 feet of a
1606	1613		public beach of this state, if the land is located outside the
1607	1614		boundaries of any incorporated city, town, or village, in violation
1608	1615		of the provisions of this subchapter shall be fined not less than
1609	1616		$10 nor more than $200. Each day a violation occurs constitutes a
1610	1617		separate offense.
1611	1618		SECTION 11.50. Section 61.252(a), Natural Resources Code,
1612	1619		is amended to read as follows:
1613	1620		(a) To protect the public health, safety, and welfare, the
1614	1621		commissioners court of a county bordering on the Gulf of America
1615	1622		[Gulf of Mexico] or its tidewater limits, by order, may regulate
1616	1623		mass gatherings of individuals on any beach in the unincorporated
1617	1624		area of the county by requiring a person to obtain a permit and pay a
1618	1625		permit fee set by the commissioners court before the person may hold
1619	1626		a mass gathering.
1620	1627		SECTION 11.51. Sections 62.001(a) and (e), Natural
1621	1628		Resources Code, are amended to read as follows:
1622	1629		(a) The provisions of this chapter apply to counties that
1623	1630		are located or border on the Gulf of America [Gulf of Mexico] and
1624	1631		have within their boundaries beaches that are suitable for park
1625	1632		purposes. The suitability of a beach for park purposes is
1626	1633		established conclusively when the commissioners court of the county
1627	1634		makes a finding that the beach located within its boundaries, but
1628	1635		not located within the boundaries of an incorporated city, is
1629	1636		suitable for park purposes.
1630	1637		(e) The provisions of this chapter do not permit any
1631	1638		interference with the right the public has under the provisions of
1632	1639		Subchapter B, Chapter 61, to the free and unrestricted use of, and
1633	1640		to ingress and egress to, the area bordering on the Gulf of America
1634	1641		[Gulf of Mexico] from mean low tide to the line of vegetation, as
1635	1642		that term is defined in Section 61.001. A county, county official,
1636	1643		or anyone acting under the authority of this chapter may not
1637	1644		exercise any authority, contract out a right to exercise authority,
1638	1645		or otherwise delegate authority beyond that specifically granted to
1639	1646		it in Sections 61.122 through 61.128 over that area notwithstanding
1640	1647		any of the specific provisions of this chapter. The rights
1641	1648		established in Subchapters B and D, Chapter 61, are paramount over
1642	1649		the rights or interests that might otherwise be created by the
1643	1650		provisions of this chapter, and nothing in this chapter encroaches
1644	1651		on those rights or upon land, or interests in land, that may
1645	1652		ultimately be held subject to those rights.
1646	1653		SECTION 11.52. Section 62.011, Natural Resources Code, is
1647	1654		amended to read as follows:
1648	1655		Sec. 62.011. PURPOSE AND AUTHORITY. A county located or
1649	1656		bordering on the Gulf of America [Gulf of Mexico] with a beach
1650	1657		suitable for park purposes may create a board in the manner provided
1651	1658		in this subchapter for the purpose of improving, equipping,
1652	1659		maintaining, financing, and operating a public park or parks, or
1653	1660		any facilities owned by the county, or to be acquired by the county,
1654	1661		or to be managed by the county under the terms of a written
1655	1662		contract. The board, to be designated Beach Park Board of Trustees,
1656	1663		has the powers and duties specified in this chapter.
1657	1664		SECTION 11.53. Section 62.091(a), Natural Resources Code,
1658	1665		is amended to read as follows:
1659	1666		(a) The following land is under the jurisdiction of the
1660	1667		board:
1661	1668		(1) public beaches owned in fee by the county; and
1662	1669		(2) land used as parks in connection with public
1663	1670		beaches not located inside the boundaries of an incorporated city
1664	1671		and not inside the area bordering on the Gulf of America [Gulf of
1665	1672		Mexico] from the line of mean low tide to the line of vegetation as
1666	1673		that term is defined in Section 61.001.
1667	1674		SECTION 11.54. Section 63.001, Natural Resources Code, is
1668	1675		amended to read as follows:
1669	1676		Sec. 63.001. FINDINGS OF FACT. The legislature finds and
1670	1677		declares:
1671	1678		(1) that the mainland gulf shoreline, barrier islands,
1672	1679		and peninsulas of this state contain a significant portion of the
1673	1680		state's human, natural, and recreational resources;
1674	1681		(2) that these areas are and historically have been
1675	1682		wholly or in part protected from the action of the water of the Gulf
1676	1683		of America [Gulf of Mexico] and storms on the Gulf by a system of
1677	1684		vegetated and unvegetated sand dunes that provide a protective
1678	1685		barrier for adjacent land and inland water and land against the
1679	1686		action of sand, wind, and water;
1680	1687		(3) that certain persons have from time to time
1681	1688		modified or destroyed the effectiveness of the protective barriers
1682	1689		and caused environmental damage in the process of developing the
1683	1690		shoreline for various purposes;
1684	1691		(4) that the operation of recreational vehicles and
1685	1692		other activities over these dunes have destroyed the natural
1686	1693		vegetation on them;
1687	1694		(5) that these practices constitute serious threats to
1688	1695		the safety of adjacent properties, to public highways, to the
1689	1696		taxable basis of adjacent property and constitute a real danger to
1690	1697		natural resources and to the health, safety, and welfare of persons
1691	1698		living, visiting, or sojourning in the area;
1692	1699		(6) that it is necessary to protect these dunes as
1693	1700		provided in this chapter because stabilized, vegetated dunes offer
1694	1701		the best natural defense against storms and are areas of
1695	1702		significant biological diversity;
1696	1703		(7) that vegetated stabilized dunes help preserve
1697	1704		state-owned beaches and shores by protecting against erosion of the
1698	1705		shoreline; and
1699	1706		(8) that different areas of the coast are
1700	1707		characterized by dunes of various types and values, all of which
1701	1708		should be afforded protection.
1702	1709		SECTION 11.55. Sections 63.002(2), (3), and (5), Natural
1703	1710		Resources Code, are amended to read as follows:
1704	1711		(2) "Barrier island" means an island bordering on the
1705	1712		Gulf of America [Gulf of Mexico] and entirely surrounded by water.
1706	1713		(3) "Peninsula" means an arm of land bordering on the
1707	1714		Gulf of America [Gulf of Mexico] surrounded on three sides by water.
1708	1715		(5) "Mainland shoreline" means all shoreline fronting
1709	1716		on the open Gulf of America [Gulf of Mexico] that is not located on a
1710	1717		barrier island or a peninsula.
1711	1718		SECTION 11.56. Section 63.011(a), Natural Resources Code,
1712	1719		is amended to read as follows:
1713	1720		(a) After notice and hearing, the commissioners court of
1714	1721		each county that has within its boundaries mainland shoreline, a
1715	1722		barrier island, or a peninsula located on the seaward shore of the
1716	1723		Gulf of America [Gulf of Mexico] shall establish a dune protection
1717	1724		line on any such shoreline, island, or peninsula within its
1718	1725		boundaries for the purpose of preserving sand dunes.
1719	1726		SECTION 11.57. Section 63.012, Natural Resources Code, is
1720	1727		amended to read as follows:
1721	1728		Sec. 63.012. LOCATION OF DUNE PROTECTION LINE. The dune
1722	1729		protection line shall not be located further landward than a line
1723	1730		drawn parallel to and 1,000 feet landward of the line of mean high
1724	1731		tide of the Gulf of America [Gulf of Mexico].
1725	1732		SECTION 11.58. Section 92.002(4), Natural Resources Code,
1726	1733		is amended to read as follows:
1727	1734		(4) "Barrier island" means an island bordering on the
1728	1735		Gulf of America [Gulf of Mexico] and entirely surrounded by water.
1729	1736		ARTICLE 12. OCCUPATIONS CODE PROVISIONS
1730	1737		SECTION 12.01. Section 2025.152, Occupations Code, is
1731	1738		amended to read as follows:
1732	1739		Sec. 2025.152. LOCATION RESTRICTION FOR GREYHOUND
1733	1740		RACETRACK. Each greyhound racetrack must be located in a county
1734	1741		that:
1735	1742		(1) has a population of more than 190,000;
1736	1743		(2) borders the Gulf of America [Gulf of Mexico]; and
1737	1744		(3) includes all or part of an island that borders the
1738	1745		Gulf of America [Gulf of Mexico].
1739	1746		ARTICLE 13. PROPERTY CODE PROVISIONS
1740	1747		SECTION 13.01. Section 5.008(b), Property Code, is amended
1741	1748		to read as follows:
1742	1749		(b) The notice must be executed and must, at a minimum, read
1743	1750		substantially similar to the following:
1744	1751		SELLER'S DISCLOSURE NOTICE
1745	1752		CONCERNING THE PROPERTY AT ___________________________________
1746	1753		(Street Address and City)
1747	1754		THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
1748	1755		THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
1749	1756		SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
1750	1757		WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
1751	1758		A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
1752	1759		Seller __ is __ is not occupying the Property.
1753	1760		If unoccupied, how long since Seller has occupied the Property?
1754	1761		________________________________________________________________
1755	1762		1. The Property has the items checked below:
1756	1763		Write Yes (Y), No (N), or Unknown (U).
1757	1764		__ Range __ Oven __ Microwave __ Range __ Oven __ Microwave
1758	1765		__ Range __ Oven __ Microwave
1759	1766		__ Dishwasher __ Trash Compactor __ Disposal __ Dishwasher __ Trash Compactor __ Disposal
1760	1767		__ Dishwasher __ Trash Compactor __ Disposal
1761	1768		__ Washer/Dryer __ Window __ Rain Gutters __ Washer/Dryer __ Window __ Rain Gutters
1762	1769		__ Washer/Dryer __ Window __ Rain Gutters
1763	1770		Hookups Screens Hookups Screens
1764	1771		Hookups Screens
1765	1772		__ Security __ Fire Detection __ Intercom __ Security __ Fire Detection __ Intercom
1766	1773		__ Security __ Fire Detection __ Intercom
1767	1774		System Equipment System System Equipment System
1768	1775		System Equipment System
1769	1776		__ Smoke Detector __ Smoke Detector
1770	1777		__ Smoke Detector
1771	1778		__ Smoke Detector - __ Smoke Detector -
1772	1779		__ Smoke Detector -
1773	1780		Hearing Impaired Hearing Impaired
1774	1781		Hearing Impaired
1775	1782		__ Carbon Monoxide __ Carbon Monoxide
1776	1783		__ Carbon Monoxide
1777	1784		Alarm Alarm
1778	1785		Alarm
1779	1786		__ Emergency Escape __ Emergency Escape
1780	1787		__ Emergency Escape
1781	1788		Ladder(s) Ladder(s)
1782	1789		Ladder(s)
1783	1790		__ TV Antenna __ Cable TV __ Satellite __ TV Antenna __ Cable TV __ Satellite
1784	1791		__ TV Antenna __ Cable TV __ Satellite
1785	1792		Wiring Dish Wiring Dish
1786	1793		Wiring Dish
1787	1794		__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
1788	1795		__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
1789	1796		Fan(s) Fan(s)
1790	1797		Fan(s)
1791	1798		__ Central A/C __ Central Heating __ Wall/Window __ Central A/C __ Central Heating __ Wall/Window
1792	1799		__ Central A/C __ Central Heating __ Wall/Window
1793	1800		Air Air
1794	1801		Air
1795	1802		Conditioning Conditioning
1796	1803		Conditioning
1797	1804		__ Plumbing System __ Septic System __ Public Sewer __ Plumbing System __ Septic System __ Public Sewer
1798	1805		__ Plumbing System __ Septic System __ Public Sewer
1799	1806		System System
1800	1807		System
1801	1808		__ Patio/Decking __ Outdoor Grill __ Fences __ Patio/Decking __ Outdoor Grill __ Fences
1802	1809		__ Patio/Decking __ Outdoor Grill __ Fences
1803	1810		__ Pool __ Sauna __ Spa __ Pool __ Sauna __ Spa
1804	1811		__ Pool __ Sauna __ Spa
1805	1812		__ Hot Tub __ Hot Tub
1806	1813		__ Hot Tub
1807	1814		__ Pool Equipment __ Pool Heater __ Automatic Lawn __ Pool Equipment __ Pool Heater __ Automatic Lawn
1808	1815		__ Pool Equipment __ Pool Heater __ Automatic Lawn
1809	1816		Sprinkler Sprinkler
1810	1817		Sprinkler
1811	1818		System System
1812	1819		System
1813	1820		__ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) &
1814	1821		__ Fireplace(s) & __ Fireplace(s) &
1815	1822		Chimney Chimney Chimney Chimney
1816	1823		Chimney Chimney
1817	1824		(Woodburning) (Mock) (Woodburning) (Mock)
1818	1825		(Woodburning) (Mock)
1819	1826		__ Natural Gas Lines __ Gas Fixtures __ Natural Gas Lines __ Gas Fixtures
1820	1827		__ Natural Gas Lines __ Gas Fixtures
1821	1828		__ Liquid Propane Gas: __ LP Community __ LP on Property __ Liquid Propane Gas: __ LP Community __ LP on Property
1822	1829		__ Liquid Propane Gas: __ LP Community __ LP on Property
1823	1830		(Captive) (Captive)
1824	1831		(Captive)
1825	1832		__ Fuel Gas Piping: __ Black Iron Pipe __ Corrugated __ Fuel Gas Piping: __ Black Iron Pipe __ Corrugated
1826	1833		__ Fuel Gas Piping: __ Black Iron Pipe __ Corrugated
1827	1834		__ Copper Stainless Steel __ Copper Stainless Steel
1828	1835		__ Copper Stainless Steel
1829	1836		Tubing Tubing
1830	1837		Tubing
1831	1838		Garage: __ Attached __ Not Attached __ Carport Garage: __ Attached __ Not Attached __ Carport
1832	1839		Garage: __ Attached __ Not Attached __ Carport
1833	1840		Garage Door Opener(s): __ Electronic __ Control(s) Garage Door Opener(s): __ Electronic __ Control(s)
1834	1841		Garage Door Opener(s): __ Electronic __ Control(s)
1835	1842		Water Heater: __ Gas __ Electric Water Heater: __ Gas __ Electric
1836	1843		Water Heater: __ Gas __ Electric
1837	1844		Water Supply: __ City __ Well __ MUD __ Co-op Water Supply: __ City __ Well __ MUD __ Co-op
1838	1845		Water Supply: __ City __ Well __ MUD __ Co-op
1839	1846		Roof Type: ________________________________ Age: _____(approx)
1840	1847		Are you (Seller) aware of any of the above items that are not in
1841	1848		working condition, that have known defects, or that are in need of
1842	1849		repair? __ Yes __ No __ Unknown.
1843	1850		If yes, then describe. (Attach additional sheets if necessary):
1844	1851		________________________________________________________________
1845	1852		________________________________________________________________
1846	1853		2. Does the property have working smoke detectors installed in
1847	1854		accordance with the smoke detector requirements of Chapter 766,
1848	1855		Health and Safety Code?* __ Yes __ No __ Unknown.
1849	1856		If the answer to the question above is no or unknown,
1850	1857		explain. (Attach additional sheets if necessary):
1851	1858		*Chapter 766 of the Health and Safety Code requires
1852	1859		one-family or two-family dwellings to have working smoke detectors
1853	1860		installed in accordance with the requirements of the building code
1854	1861		in effect in the area in which the dwelling is located, including
1855	1862		performance, location, and power source requirements. If you do
1856	1863		not know the building code requirements in effect in your area, you
1857	1864		may check unknown above or contact your local building official for
1858	1865		more information. A buyer may require a seller to install smoke
1859	1866		detectors for the hearing impaired if: (1) the buyer or a member of
1860	1867		the buyer's family who will reside in the dwelling is hearing
1861	1868		impaired; (2) the buyer gives the seller written evidence of the
1862	1869		hearing impairment from a licensed physician; and (3) within 10
1863	1870		days after the effective date, the buyer makes a written request for
1864	1871		the seller to install smoke detectors for the hearing impaired and
1865	1872		specifies the locations for installation. The parties may agree
1866	1873		who will bear the cost of installing the smoke detectors and which
1867	1874		brand of smoke detectors to install.
1868	1875		3. Are you (Seller) aware of any known defects/malfunctions in any
1869	1876		of the following?
1870	1877		Write Yes (Y) if you are aware, write No (N) if you are not aware.
1871	1878		__ Interior Walls __ Ceilings __ Floors __ Interior Walls __ Ceilings __ Floors
1872	1879		__ Interior Walls __ Ceilings __ Floors
1873	1880		__ Exterior Walls __ Doors __ Windows __ Exterior Walls __ Doors __ Windows
1874	1881		__ Exterior Walls __ Doors __ Windows
1875	1882		__ Roof __ Foundation/ __ Basement __ Roof __ Foundation/ __ Basement
1876	1883		__ Roof __ Foundation/ __ Basement
1877	1884		Slab(s) Slab(s)
1878	1885		Slab(s)
1879	1886		__ Walls/Fences __ Driveways __ Sidewalks __ Walls/Fences __ Driveways __ Sidewalks
1880	1887		__ Walls/Fences __ Driveways __ Sidewalks
1881	1888		__ Plumbing/Sewers/ __ Electrical __ Lighting __ Plumbing/Sewers/ __ Electrical __ Lighting
1882	1889		__ Plumbing/Sewers/ __ Electrical __ Lighting
1883	1890		Septics Systems Fixtures Septics Systems Fixtures
1884	1891		Septics Systems Fixtures
1885	1892		__ Other Structural Components(Describe):______________________
1886	1893		________________________________________________________________
1887	1894		________________________________________________________________
1888	1895		If the answer to any of the above is yes, explain. (Attach
1889	1896		additional sheets if necessary):________________________________
1890	1897		________________________________________________________________
1891	1898		________________________________________________________________
1892	1899		4. Are you (Seller) aware of any of the following conditions?
1893	1900		Write Yes (Y) if you are aware, write No (N) if you are not aware.
1894	1901		__ Active Termites __ Previous Structural __ Active Termites __ Previous Structural
1895	1902		__ Active Termites __ Previous Structural
1896	1903		(includes or Roof Repair (includes or Roof Repair
1897	1904		(includes or Roof Repair
1898	1905		wood-destroying insects) wood-destroying insects)
1899	1906		wood-destroying insects)
1900	1907		__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
1901	1908		__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
1902	1909		Needing Repair Needing Repair
1903	1910		Needing Repair
1904	1911		__ Previous Termite Damage __ Asbestos Components __ Previous Termite Damage __ Asbestos Components
1905	1912		__ Previous Termite Damage __ Asbestos Components
1906	1913		__ Previous Termite __ Urea formaldehyde __ Previous Termite __ Urea formaldehyde
1907	1914		__ Previous Termite __ Urea formaldehyde
1908	1915		Treatment Insulation Treatment Insulation
1909	1916		Treatment Insulation
1910	1917		__ Radon Gas __ Radon Gas
1911	1918		__ Radon Gas
1912	1919		__ Improper Drainage __ Lead Based Paint __ Improper Drainage __ Lead Based Paint
1913	1920		__ Improper Drainage __ Lead Based Paint
1914	1921		__ Water Damage Not Due to a __ Aluminum Wiring __ Water Damage Not Due to a __ Aluminum Wiring
1915	1922		__ Water Damage Not Due to a __ Aluminum Wiring
1916	1923		Flood Event Flood Event
1917	1924		Flood Event
1918	1925		__ Previous Fires __ Previous Fires
1919	1926		__ Previous Fires
1920	1927		__ Unplatted Easements __ Unplatted Easements
1921	1928		__ Unplatted Easements
1922	1929		__ Landfill, Settling, Soil __ Subsurface __ Landfill, Settling, Soil __ Subsurface
1923	1930		__ Landfill, Settling, Soil __ Subsurface
1924	1931		Movement, Fault Lines Structure or Pits Movement, Fault Lines Structure or Pits
1925	1932		Movement, Fault Lines Structure or Pits
1926	1933		__ Single Blockable Main __ Previous Use of Premises __ Single Blockable Main __ Previous Use of Premises
1927	1934		__ Single Blockable Main __ Previous Use of Premises
1928	1935		Drain in Pool/Hot for Manufacture of Drain in Pool/Hot for Manufacture of
1929	1936		Drain in Pool/Hot for Manufacture of
1930	1937		Tub/Spa* Methamphetamine Tub/Spa* Methamphetamine
1931	1938		Tub/Spa* Methamphetamine
1932	1939		If the answer to any of the above is yes, explain. (Attach
1933	1940		additional sheets if necessary):________________________________
1934	1941		________________________________________________________________
1935	1942		________________________________________________________________
1936	1943		*A single blockable main drain may cause a suction entrapment
1937	1944		hazard for an individual.
1938	1945		5. Are you (Seller) aware of any item, equipment, or system in or
1939	1946		on the property that is in need of repair? __ Yes (if you are
1940	1947		aware) __ No (if you are not aware). If yes, explain (attach
1941	1948		additional sheets as necessary).
1942	1949		_________________________________
1943	1950		6. Are you (Seller) aware of any of the following conditions?
1944	1951		* Write Yes (Y) if you are aware, write No (N) if you are not aware.
1945	1952		__ Present flood insurance coverage
1946	1953		__ Previous flooding due to a failure or breach of a reservoir or a
1947	1954		controlled or emergency release of water from a reservoir
1948	1955		__ Previous water penetration into a structure on the property due
1949	1956		to a natural flood event
1950	1957		Write Yes (Y) if you are aware and check wholly or partly as
1951	1958		applicable, write No (N) if you are not aware.
1952	1959		__ Located ( ) wholly ( ) partly in a 100-year floodplain (Special
1953	1960		Flood Hazard Area-Zone A, V, A99, AE, AO, AH, VE, or AR)
1954	1961		__ Located ( ) wholly ( ) partly in a 500-year floodplain (Moderate
1955	1962		Flood Hazard Area-Zone X (shaded))
1956	1963		__ Located ( ) wholly ( ) partly in a floodway
1957	1964		__ Located ( ) wholly ( ) partly in a flood pool
1958	1965		__ Located ( ) wholly ( ) partly in a reservoir
1959	1966		If the answer to any of the above is yes, explain (attach additional
1960	1967		sheets as necessary):
1961	1968		* For purposes of this notice:
1962	1969		"100-year floodplain" means any area of land that:
1963	1970		(A) is identified on the flood insurance rate map as a
1964	1971		special flood hazard area, which is designated as Zone A, V, A99,
1965	1972		AE, AO, AH, VE, or AR on the map;
1966	1973		(B) has a one percent annual chance of flooding, which
1967	1974		is considered to be a high risk of flooding; and
1968	1975		(C) may include a regulatory floodway, flood pool, or
1969	1976		reservoir.
1970	1977		"500-year floodplain" means any area of land that:
1971	1978		(A) is identified on the flood insurance rate map as a
1972	1979		moderate flood hazard area, which is designated on the map as Zone X
1973	1980		(shaded); and
1974	1981		(B) has a two-tenths of one percent annual chance
1975	1982		of flooding, which is considered to be a moderate risk of flooding.
1976	1983		"Flood pool" means the area adjacent to a reservoir that lies
1977	1984		above the normal maximum operating level of the reservoir and that
1978	1985		is subject to controlled inundation under the management of the
1979	1986		United States Army Corps of Engineers.
1980	1987		"Flood insurance rate map" means the most recent flood hazard
1981	1988		map published by the Federal Emergency Management Agency under the
1982	1989		National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et
1983	1990		seq.).
1984	1991		"Floodway" means an area that is identified on the flood
1985	1992		insurance rate map as a regulatory floodway, which includes the
1986	1993		channel of a river or other watercourse and the adjacent land areas
1987	1994		that must be reserved for the discharge of a base flood, also
1988	1995		referred to as a 100-year flood, without cumulatively increasing
1989	1996		the water surface elevation more than a designated height.
1990	1997		"Reservoir" means a water impoundment project operated by the
1991	1998		United States Army Corps of Engineers that is intended to retain
1992	1999		water or delay the runoff of water in a designated surface area of
1993	2000		land.
1994	2001		7. Have you (Seller) ever filed a claim for flood damage to the
1995	2002		property with any insurance provider, including the National Flood
1996	2003		Insurance Program (NFIP)?* __ Yes __ No. If yes, explain (attach
1997	2004		additional sheets as necessary):
1998	2005		*Homes in high risk flood zones with mortgages from federally
1999	2006		regulated or insured lenders are required to have flood
2000	2007		insurance. Even when not required, the Federal Emergency
2001	2008		Management Agency (FEMA) encourages homeowners in high risk,
2002	2009		moderate risk, and low risk flood zones to purchase flood insurance
2003	2010		that covers the structure(s) and the personal property within the
2004	2011		structure(s).
2005	2012		8. Have you (Seller) ever received assistance from FEMA or the
2006	2013		U.S. Small Business Administration (SBA) for flood damage to the
2007	2014		property? __ Yes __ No. If yes, explain (attach additional sheets
2008	2015		as necessary):
2009	2016		9. Are you (Seller) aware of any of the following?
2010	2017		Write Yes (Y) if you are aware, write No (N) if you are not aware.
2011	2018		__ 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.
2012	2019		__ 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.
2013	2020		__ Homeowners' Association or maintenance fees or assessments. __ Homeowners' Association or maintenance fees or assessments.
2014	2021		__ Homeowners' Association or maintenance fees or assessments.
2015	2022		__ 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.
2016	2023		__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
2017	2024		__ 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.
2018	2025		__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
2019	2026		__ Any lawsuits directly or indirectly affecting the Property. __ Any lawsuits directly or indirectly affecting the Property.
2020	2027		__ Any lawsuits directly or indirectly affecting the Property.
2021	2028		__ 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.
2022	2029		__ Any condition on the Property which materially affects the physical health or safety of an individual.
2023	2030		__ 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.
2024	2031		__ 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.
2025	2032		__ 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.
2026	2033		__ Any portion of the property that is located in a groundwater conservation district or a subsidence district.
2027	2034		If the answer to any of the above is yes, explain. (Attach
2028	2035		additional sheets if necessary): ______________________________
2029	2036		________________________________________________________________
2030	2037		________________________________________________________________
2031	2038		10. If the property is located in a coastal area that is seaward of
2032	2039		the Gulf Intracoastal Waterway or within 1,000 feet of the mean high
2033	2040		tide bordering the Gulf of America [Gulf of Mexico], the property
2034	2041		may be subject to the Open Beaches Act or the Dune Protection Act
2035	2042		(Chapter 61 or 63, Natural Resources Code, respectively) and a
2036	2043		beachfront construction certificate or dune protection permit may
2037	2044		be required for repairs or improvements. Contact the local
2038	2045		government with ordinance authority over construction adjacent to
2039	2046		public beaches for more information.
2040	2047		11. This property may be located near a military installation and
2041	2048		may be affected by high noise or air installation compatible use
2042	2049		zones or other operations. Information relating to high noise and
2043	2050		compatible use zones is available in the most recent Air
2044	2051		Installation Compatible Use Zone Study or Joint Land Use Study
2045	2052		prepared for a military installation and may be accessed on the
2046	2053		Internet website of the military installation and of the county and
2047	2054		any municipality in which the military installation is located.
2048	2055		_______________ ________________________________________
2049	2056		Date Signature of Seller
2050	2057		The undersigned purchaser hereby acknowledges receipt of the
2051	2058		foregoing notice.
2052	2059		_______________ ________________________________________
2053	2060		Date Signature of Purchaser
2054	2061		SECTION 13.02. Section 204.002(a), Property Code, is
2055	2062		amended to read as follows:
2056	2063		(a) This chapter applies only to a residential real estate
2057	2064		subdivision, excluding a condominium development governed by Title
2058	2065		7 that is located in whole or in part:
2059	2066		(1) in a county with a population of 3.3 million or
2060	2067		more;
2061	2068		(2) in a county with a population of not less than
2062	2069		315,000 and not more than 351,000 that is adjacent to the Gulf of
2063	2070		America [Gulf of Mexico] and that is adjacent to a county having a
2064	2071		population of 3.3 million or more; or
2065	2072		(3) in a county with a population of 275,000 or more
2066	2073		that:
2067	2074		(A) is adjacent to a county with a population of
2068	2075		3.3 million or more; and
2069	2076		(B) contains part of a national forest.
2070	2077		ARTICLE 14. PARKS AND WILDLIFE CODE PROVISIONS
2071	2078		SECTION 14.01. Section 1.011(c), Parks and Wildlife Code,
2072	2079		is amended to read as follows:
2073	2080		(c) All the beds and bottoms and the products of the beds and
2074	2081		bottoms of the public rivers, bayous, lagoons, creeks, lakes, bays,
2075	2082		and inlets in this state and of that part of the Gulf of America
2076	2083		[Gulf of Mexico] within the jurisdiction of this state are the
2077	2084		property of this state. The state may permit the use of the waters
2078	2085		and bottoms and the taking of the products of the bottoms and
2079	2086		waters.
2080	2087		SECTION 14.02. Section 13.023(a), Parks and Wildlife Code,
2081	2088		is amended to read as follows:
2082	2089		(a) The department shall:
2083	2090		(1) during reasonable daylight hours, as established
2084	2091		and posted by the department, from Memorial Day to Labor Day,
2085	2092		provide:
2086	2093		(A) occupied lifeguard towers or mobile
2087	2094		lifeguard units on each side of each pier, jetty, or other structure
2088	2095		that protrudes into the Gulf of America [Gulf of Mexico] that is
2089	2096		located within a state park; or
2090	2097		(B) a single occupied lifeguard tower or mobile
2091	2098		lifeguard unit at each pier, jetty, or other structure that
2092	2099		protrudes into the Gulf of America [Gulf of Mexico] that is located
2093	2100		within a state park if the single tower provides an unobstructed
2094	2101		view of both sides of each structure; and
2095	2102		(2) post within 100 yards of each side of each
2096	2103		structure described by Subdivision (1) signs clearly describing the
2097	2104		dangerous water conditions that may occur near the structure.
2098	2105		SECTION 14.03. Section 13.314, Parks and Wildlife Code, is
2099	2106		amended to read as follows:
2100	2107		Sec. 13.314. COMPLIANCE IN FISHERY MANAGEMENT. The
2101	2108		department may cooperate and contract with the Gulf of America
2102	2109		[Gulf of Mexico] Fishery Management Council or the National Marine
2103	2110		Fisheries Service for conduct of such work as may be necessary in
2104	2111		complying with requirements of the Fishery Conservation and
2105	2112		Management Act of 1976 (16 U.S.C.A. Section 1801 et seq.).
2106	2113		SECTION 14.04. Section 21.111(c), Parks and Wildlife Code,
2107	2114		is amended to read as follows:
2108	2115		(c) If any state park site includes a public beach on the
2109	2116		seaward shore of the Gulf of America [Gulf of Mexico], extending
2110	2117		from the line of mean low tide to the line of vegetation, over which
2111	2118		the public has acquired a right of use or easement to or over the
2112	2119		area by prescription or dedication or has retained a right by virtue
2113	2120		of continuous right in the public, no entrance or gate fee may be
2114	2121		charged to persons desiring to enter or to leave the public beach
2115	2122		area, so long as the persons do not enter any other portion of the
2116	2123		park for which an entrance or gate fee is charged.
2117	2124		SECTION 14.05. Section 43.402(a), Parks and Wildlife Code,
2118	2125		is amended to read as follows:
2119	2126		(a) Except as provided by Subsection (b) or (c) of this
2120	2127		section, no person may engage in fishing in saltwater for sporting
2121	2128		purposes in this state, or unload in this state fish or other
2122	2129		aquatic life taken for sporting purposes from waters managed by the
2123	2130		Gulf of America [Gulf of Mexico] Fishery Management Council
2124	2131		established under the Fishery Conservation and Management Act of
2125	2132		1976 (16 U.S.C. Section 1801 et seq.), unless the person has
2126	2133		acquired a saltwater sportfishing stamp endorsement issued to the
2127	2134		person by the department. The commission by rule may prescribe
2128	2135		requirements relating to possessing a stamp endorsement required by
2129	2136		this subchapter.
2130	2137		SECTION 14.06. Section 46.001(a), Parks and Wildlife Code,
2131	2138		is amended to read as follows:
2132	2139		(a) No person may fish in the public water of this state, or
2133	2140		unload in this state fish or other aquatic life taken for sporting
2134	2141		purposes from waters managed by the Gulf of America [Gulf of Mexico]
2135	2142		Fishery Management Council established under the Magnuson-Stevens
2136	2143		Fishery Conservation and Management Act (16 U.S.C. Section 1801 et
2137	2144		seq.), unless the person has acquired a fishing license issued
2138	2145		under this subchapter, except as provided by Sections 46.0012 and
2139	2146		46.002. The commission by rule may prescribe requirements relating
2140	2147		to possessing a license required by this subchapter.
2141	2148		SECTION 14.07. Section 47.001(7), Parks and Wildlife Code,
2142	2149		is amended to read as follows:
2143	2150		(7) "Tidal water" means all the salt water of this
2144	2151		state, including that portion of the state's territorial water in
2145	2152		the Gulf of America [Gulf of Mexico] within three marine leagues
2146	2153		from shore.
2147	2154		SECTION 14.08. Sections 47.038(a) and (a-1), Parks and
2148	2155		Wildlife Code, are amended to read as follows:
2149	2156		(a) Except as provided by Subsection (a-1), nets or purse
2150	2157		seines used for catching menhaden may not be:
2151	2158		(1) less than one and one-half inch stretched mesh,
2152	2159		excluding the bag;
2153	2160		(2) used in any bay, river, pass, or tributary, nor
2154	2161		within one mile of any barrier, jetty, island, or pass, nor within
2155	2162		one-half mile offshore in the Gulf of America [Gulf of Mexico]; or
2156	2163		(3) used for the purpose of taking edible aquatic
2157	2164		products for the purpose of barter, sale, or exchange.
2158	2165		(a-1) The holder of a Class C menhaden boat license issued
2159	2166		under Section 47.008 may use a cast net, as defined by the
2160	2167		commission, to catch menhaden in any coastal bay, river, or
2161	2168		tributary landward from the shoreline of the state along the coast
2162	2169		of the Gulf of America [Gulf of Mexico].
2163	2170		SECTION 14.09. Sections 62.0061(a) and (b), Parks and
2164	2171		Wildlife Code, are amended to read as follows:
2165	2172		(a) Except as provided by Subsection (b), a person may not
2166	2173		hunt or take any wild animal or wild bird when the person is on or
2167	2174		over privately owned land that is:
2168	2175		(1) submerged under:
2169	2176		(A) public fresh water due to seasonal or
2170	2177		occasional innundation; or
2171	2178		(B) public salt water and located above the mean
2172	2179		high tide line of the Gulf of America [Gulf of Mexico] and its bays
2173	2180		and estuaries; and
2174	2181		(2) conspicuously marked as privately owned by a sign
2175	2182		or signs that are substantially similar to the following:
2176	2183		POSTED. PRIVATE PROPERTY. NO HUNTING.
2177	2184		(b) This section does not apply to:
2178	2185		(1) fishing or to fish and other aquatic life;
2179	2186		(2) a person who:
2180	2187		(A) owns the submerged land; or
2181	2188		(B) obtains the landowner's consent;
2182	2189		(3) land that is dedicated to the permanent school
2183	2190		fund and that is located within:
2184	2191		(A) the tidewater limits of this state; or
2185	2192		(B) the gradient boundaries of a navigable river
2186	2193		or stream in this state; or
2187	2194		(4) land that is:
2188	2195		(A) submerged by public water; and
2189	2196		(B) located below the mean high tide line of the
2190	2197		Gulf of America [Gulf of Mexico] and its bays and estuaries.
2191	2198		SECTION 14.10. Section 66.015(a), Parks and Wildlife Code,
2192	2199		is amended to read as follows:
2193	2200		(a) In this section, "public water" means the bays,
2194	2201		estuaries, and water of the Gulf of America [Gulf of Mexico] within
2195	2202		the jurisdiction of the state, and the rivers, streams, creeks,
2196	2203		bayous, reservoirs, lakes, and portions of those waters where
2197	2204		public access is available without discrimination.
2198	2205		SECTION 14.11. Sections 66.204(a) and (b), Parks and
2199	2206		Wildlife Code, are amended to read as follows:
2200	2207		(a) The commission by proclamation may regulate the
2201	2208		placement of obstructions, traps, and mooring in fish passes and
2202	2209		the marking of restricted areas in any natural or artificial pass
2203	2210		that is opened, reopened, dredged, excavated, constructed, or
2204	2211		maintained by the department as a fish pass between the Gulf of
2205	2212		America [Gulf of Mexico] and an inland bay.
2206	2213		(b) No person may operate, possess, or moor a vessel or
2207	2214		other floating device, or may place any piling, wire, rope, cable,
2208	2215		net, trap, or other obstruction, in a natural or artificial pass
2209	2216		opened, reopened, dredged, excavated, constructed, or maintained
2210	2217		by the department as a fish pass between the Gulf of America [Gulf
2211	2218		of Mexico] and an inland bay within the distance inside the pass
2212	2219		from the mouth of the pass where it empties into the Gulf of America
2213	2220		[Gulf of Mexico] to a marker or sign erected by the department
2214	2221		indicating the restricted area.
2215	2222		SECTION 14.12. Section 66.301, Parks and Wildlife Code, is
2216	2223		amended to read as follows:
2217	2224		Sec. 66.301. DEFINITION. In this subchapter, "coastal
2218	2225		water" means all of the salt water of this state, including that
2219	2226		portion of the Gulf of America [Gulf of Mexico] within the
2220	2227		jurisdiction of this state.
2221	2228		SECTION 14.13. Sections 77.001(1), (2), (3), and (13),
2222	2229		Parks and Wildlife Code, are amended to read as follows:
2223	2230		(1) "Coastal water" means all the salt water of this
2224	2231		state, including that portion of the Gulf of America [Gulf of
2225	2232		Mexico] within the jurisdiction of the state.
2226	2233		(2) "Inside water" means all bays, inlets, outlets,
2227	2234		passes, rivers, streams, and other bodies of water landward from
2228	2235		the shoreline of the state along the Gulf of America [Gulf of
2229	2236		Mexico] and contiguous to, or connected with, but not a part of, the
2230	2237		Gulf of America [Gulf of Mexico] and within which the tide regularly
2231	2238		rises and falls and in which saltwater shrimp are found or into
2232	2239		which saltwater shrimp migrate.
2233	2240		(3) "Outside water" means the salt water of the state
2234	2241		contiguous to and seaward from the shoreline of the state along the
2235	2242		Gulf of America [Gulf of Mexico] as the shoreline is projected and
2236	2243		extended in a continuous and unbroken line, following the contours
2237	2244		of the shoreline, across bays, inlets, outlets, passes, rivers,
2238	2245		streams, and other bodies of water; and that portion of the Gulf of
2239	2246		America [Gulf of Mexico] extending from the shoreline seaward and
2240	2247		within the jurisdiction of the state.
2241	2248		(13) "Contiguous zone," means that area of the Gulf of
2242	2249		America [Gulf of Mexico] lying adjacent to and offshore of the
2243	2250		jurisdiction of the State of Texas and in which shrimp of the genus
2244	2251		Penaeus are found.
2245	2252		SECTION 14.14. Section 77.072, Parks and Wildlife Code, is
2246	2253		amended to read as follows:
2247	2254		Sec. 77.072. SHRIMP SIZE EXCEPTION. Minimum size
2248	2255		restrictions as provided in Chapter 77, Parks and Wildlife Code, as
2249	2256		amended, do not apply to shrimp taken from outside waters when:
2250	2257		(1) the Gulf of America [Gulf of Mexico] Fishery
2251	2258		Management Council's Fishery Management Plan for the Shrimp Fishery
2252	2259		of the Gulf of America [Gulf of Mexico] is in effect; and
2253	2260		(2) such plan as described in Subsection (a) of this
2254	2261		section restricts the taking of shrimp in the Fishery Conservation
2255	2262		Zone contiguous to the outside waters of Texas, to conform with the
2256	2263		Texas closed Gulf season as defined in Sections 77.061(1) and
2257	2264		77.062 of this code.
2258	2265		SECTION 14.15. Section 79.001, Parks and Wildlife Code, is
2259	2266		amended to read as follows:
2260	2267		Sec. 79.001. COMPLIANCE. The department is authorized to
2261	2268		cooperate with the Gulf of America [Gulf of Mexico] Fishery
2262	2269		Management Council established pursuant to the Fishery
2263	2270		Conservation and Management Act of 1976 (16 U.S.C.A. Section 1801
2264	2271		et seq.), in developing state management programs which are
2265	2272		consistent with plans proposed by the council and approved by the
2266	2273		secretary of commerce.
2267	2274		SECTION 14.16. Section 86.0151(a), Parks and Wildlife Code,
2268	2275		is amended to read as follows:
2269	2276		(a) A nonprofit corporation, fund, or foundation exempted
2270	2277		from federal income taxes under Section 503(c)(3), Internal Revenue
2271	2278		Code of 1954, as amended (26 U.S.C. Sec. 503(c)(3)), may take sand,
2272	2279		gravel, marl, shell, and mudshell from Brown Cedar Cut in Matagorda
2273	2280		County for the sole purpose of opening and reopening that passage
2274	2281		between the Gulf of America [Gulf of Mexico] and East Matagorda Bay.
2275	2282		SECTION 14.17. Section 86.0152(a), Parks and Wildlife Code,
2276	2283		is amended to read as follows:
2277	2284		(a) A nonprofit corporation, fund, or foundation exempted
2278	2285		from federal income taxes under Section 501(c)(3), Internal Revenue
2279	2286		Code of 1954, as amended (26 U.S.C. Sec. 501(c)(3)), or a political
2280	2287		subdivision of the state may take sand, gravel, marl, shell, and
2281	2288		mudshell from Cedar Bayou in Aransas County for the sole purpose of
2282	2289		opening and reopening that passage between the Gulf of America
2283	2290		[Gulf of Mexico] and Mesquite Bay.
2284	2291		SECTION 14.18. Section 91.008, Parks and Wildlife Code, is
2285	2292		amended to read as follows:
2286	2293		Sec. 91.008. TEXT OF COMPACT. The Gulf States Marine
2287	2294		Fisheries Compact reads as follows:
2288	2295		GULF STATES MARINE FISHERIES COMPACT
2289	2296		The contracting states solemnly agree:
2290	2297		ARTICLE I
2291	2298		Whereas the Gulf Coast States have the proprietary interest
2292	2299		in and jurisdiction over fisheries in the waters within their
2293	2300		respective boundaries, it is the purpose of this compact to promote
2294	2301		the better utilization of the fisheries, marine, shell and
2295	2302		anadromous, of the seaboard of the Gulf of America [Gulf of Mexico],
2296	2303		by the development of a joint program for the promotion and
2297	2304		protection of such fisheries and the prevention of the physical
2298	2305		waste of the fisheries from any cause.
2299	2306		ARTICLE II
2300	2307		This compact shall become operative immediately as to those
2301	2308		states ratifying it whenever any two or more of the states of
2302	2309		Florida, Alabama, Mississippi, Louisiana and Texas have ratified it
2303	2310		and the Congress has given its consent, pursuant to Article I,
2304	2311		Section 10 of the Constitution of the United States. Any state
2305	2312		contiguous to any of the aforementioned states or riparian upon
2306	2313		waters which flow into waters under the jurisdiction of any of the
2307	2314		aforementioned States and which are frequented by anadromous fish
2308	2315		or marine species, may become a party hereto as hereinafter
2309	2316		provided.
2310	2317		ARTICLE III
2311	2318		Each state joining herein shall appoint three
2312	2319		representatives to a commission hereby constituted and designated
2313	2320		as the Gulf States Marine Fisheries Commission. One shall be the
2314	2321		head of the administrative agency of such State charged with the
2315	2322		conservation of the fishery resources to which this compact
2316	2323		pertains; or, if there be more than one officer or agency, the
2317	2324		official of that State named by the Governor thereof. The second
2318	2325		shall be a member of the Legislature of such State designated by
2319	2326		such Legislature, or in the absence of such designation, such
2320	2327		legislator shall be designated by the Governor thereof; provided
2321	2328		that if it is constitutionally impossible to appoint a legislator
2322	2329		as a commissioner from such State, the second member shall be
2323	2330		appointed in such manner as may be established by law. The third
2324	2331		shall be a citizen who shall have a knowledge of and interest in the
2325	2332		marine fisheries, to be appointed by the Governor. This commission
2326	2333		shall be a body corporate with the powers and duties set forth
2327	2334		herein.
2328	2335		ARTICLE IV
2329	2336		The duty of the said commission shall be to make inquiry and
2330	2337		ascertain from time to time such methods, practices, circumstances
2331	2338		and conditions as may be disclosed for bringing about the
2332	2339		conservation and the prevention of the depletion and physical waste
2333	2340		of the fisheries, marine, shell and anadromous, of the Gulf Coast.
2334	2341		The commission shall have power to recommend the coordination of
2335	2342		the exercise of the police powers of the several States within their
2336	2343		respective jurisdictions to promote the preservation of these
2337	2344		fisheries and their protection against over-fishing, waste,
2338	2345		depletion or any abuse whatsoever, and to assure a continuing yield
2339	2346		from the fishery resources of the aforementioned States. To that
2340	2347		end the commission shall draft and recommend to the Governors and
2341	2348		Legislatures of the various signatory States, legislation dealing
2342	2349		with the conservation of the marine, shell and anadromous fisheries
2343	2350		of the Gulf seaboard. The commission shall from time to time
2344	2351		present to the Governor of each compacting State its
2345	2352		recommendations relating to enactments to be presented to the
2346	2353		Legislature of that State in furthering the interest and purposes
2347	2354		of this compact. The commission shall consult with and advise the
2348	2355		pertinent administrative agencies in the States party hereto with
2349	2356		regard to problems connected with the fisheries, and recommend the
2350	2357		adoption of such regulations as it deems advisable. The commission
2351	2358		shall have power to recommend to the States party hereto the
2352	2359		stocking of the waters of such States with fish and fish eggs or
2353	2360		joint stocking by some or all of the States party hereto, and when
2354	2361		two or more States shall jointly stock waters the commission shall
2355	2362		act as the coordinating agency for such stocking.
2356	2363		ARTICLE V
2357	2364		The commission shall elect from its number a chairman and
2358	2365		vice-chairman and shall appoint, and at its pleasure remove or
2359	2366		discharge, such officers and employees as may be required to carry
2360	2367		the provisions of this compact into effect and shall fix and
2361	2368		determine their duties, qualifications and compensation. Said
2362	2369		commission shall adopt rules and regulations for the conduct of its
2363	2370		business. It may establish and maintain one or more offices for the
2364	2371		transaction of its business, and may meet at any time or place; but
2365	2372		must meet at least once a year.
2366	2373		ARTICLE VI
2367	2374		No action shall be taken by the commission in regard to its
2368	2375		general affairs except by the affirmative vote of a majority of the
2369	2376		whole number of compacting States. No recommendation shall be made
2370	2377		by the commission in regard to any species of fish except by the
2371	2378		affirmative vote of a majority of the compacting States which have
2372	2379		an interest in such species. The commission shall define what shall
2373	2380		be an interest.
2374	2381		ARTICLE VII
2375	2382		The Fish and Wildlife Service of the Department of the
2376	2383		Interior of the Government of the United States shall act as the
2377	2384		primary research agency of the Gulf States Marine Fisheries
2378	2385		Commission, cooperating with the research agencies in each State
2379	2386		for that purpose. Representatives of the said Fish and Wildlife
2380	2387		Service shall attend the meetings of the commission. An advisory
2381	2388		committee to be representative of the commercial salt water
2382	2389		fishermen and the salt water anglers and such other interests of
2383	2390		each State as the commissioners deem advisable may be established
2384	2391		by the commissioners from each State for the purpose of advising
2385	2392		those commissioners upon such recommendations as it may desire to
2386	2393		make.
2387	2394		ARTICLE VIII
2388	2395		When any State, other than those named specifically in
2389	2396		Article II of this compact, shall become a party hereto for the
2390	2397		purpose of conserving its anadromous fish or marine species in
2391	2398		accordance with the provisions of Article II, the participation of
2392	2399		such State in the action of the commission shall be limited to such
2393	2400		species of fish.
2394	2401		ARTICLE IX
2395	2402		Nothing in this compact shall be construed to limit the
2396	2403		powers of the proprietary interest of any signatory State, or to
2397	2404		repeal or prevent the enactment of any legislation or the
2398	2405		enforcement of any requirement by a signatory State, imposing
2399	2406		additional conditions and restrictions to conserve its fisheries.
2400	2407		ARTICLE X
2401	2408		It is agreed that any two or more States party hereto may
2402	2409		further amend this compact by acts of their respective
2403	2410		Legislatures, subject to approval of Congress as provided in
2404	2411		Article I, Section X, of the Constitution of the United States, to
2405	2412		designate the Gulf States Marine Fisheries Commission as a joint
2406	2413		regulating authority for the joint regulation of specific fisheries
2407	2414		affecting only such States as shall so compact, and at their joint
2408	2415		expense. The representatives of such States shall constitute a
2409	2416		separate section of the Gulf States Marine Fisheries Commission for
2410	2417		the exercise of the additional powers so granted, but the creation
2411	2418		of such section shall not be deemed to deprive the States so
2412	2419		compacting of any of their privileges or powers in the Gulf States
2413	2420		Marine Fisheries Commission as constituted under the other Articles
2414	2421		of this compact.
2415	2422		ARTICLE XI
2416	2423		Continued absence of representation or of any representative
2417	2424		on the commission from any State party hereto, shall be brought to
2418	2425		the attention of the Governor thereof.
2419	2426		ARTICLE XII
2420	2427		The operating expenses of the Gulf States Marine Fisheries
2421	2428		Commission shall be borne by the States party hereto. Such initial
2422	2429		appropriation as set forth below shall be made available yearly
2423	2430		until modified as hereinafter provided:
2424	2431		Florida $3,500.00 Florida $3,500.00
2425	2432		Florida $3,500.00
2426	2433		Alabama 1,000.00 Alabama 1,000.00
2427	2434		Alabama 1,000.00
2428	2435		Mississippi 1,000.00 Mississippi 1,000.00
2429	2436		Mississippi 1,000.00
2430	2437		Louisiana 5,000.00 Louisiana 5,000.00
2431	2438		Louisiana 5,000.00
2432	2439		Texas 2,500.00 Texas 2,500.00
2433	2440		Texas 2,500.00
2434	2441		Total $13,000.00 Total $13,000.00
2435	2442		Total $13,000.00
2436	2443		The proration and total cost per annum of Thirteen Thousand
2437	2444		($13,000.00) Dollars, above mentioned, is estimative only, for
2438	2445		initial operations, and may be changed when found necessary by the
2439	2446		commission and approved by the Legislatures of the respective
2440	2447		States. Each State party hereto agrees to provide in the manner
2441	2448		most acceptable to it, the travel costs and necessary expenses of
2442	2449		its commissioners and other representatives to and from meetings of
2443	2450		the commission or its duly constituted sections or committees.
2444	2451		ARTICLE XIII
2445	2452		This compact shall continue in force and remain binding upon
2446	2453		each compacting State until renounced by Act of the Legislature of
2447	2454		such State, in such form as it may choose; provided that such
2448	2455		renunciation shall not become effective until six months after the
2449	2456		effective date of the action taken by the Legislature. Notice of
2450	2457		such renunciation shall be given the other States party hereto by
2451	2458		the Secretary of State of compacting State so renouncing upon
2452	2459		passage of the Act.
2453	2460		ARTICLE 15. SPECIAL DISTRICT LOCAL LAWS PROVISIONS
2454	2461		SECTION 15.01. Section 5002.151(3), Special District Local
2455	2462		Laws Code, is amended to read as follows:
2456	2463		(3) "Protected zone" means the portion of the
2457	2464		corporate limits of the City of Freeport as they exist on September
2458	2465		1, 2023, that lies:
2459	2466		(A) within the enclosed space bounded by
2460	2467		beginning at the intersection of State Highway 36 and the center of
2461	2468		the Brazos River, then north along the center of the Brazos River to
2462	2469		the intersection of the center of the Brazos River and the center of
2463	2470		the DOW fresh water canal, then north and east along the center of
2464	2471		the DOW fresh water canal to the intersection of the center of the
2465	2472		DOW fresh water canal and Farm-to-Market Road 1495, then south
2466	2473		along Farm-to-Market Road 1495 to the intersection of
2467	2474		Farm-to-Market Road 1495 and State Highway 36, and then west along
2468	2475		State Highway 36 to the intersection of State Highway 36 and the
2469	2476		center of the Brazos River;
2470	2477		(B) within Brazoria County 2020 United States
2471	2478		Census tract 664501 blocks 2027, 2032, and 2034;
2472	2479		(C) within the enclosed space bounded by
2473	2480		beginning at the intersection of Farm-to-Market Road 1495 and the
2474	2481		Intracoastal Waterway, then west along the Intracoastal Waterway to
2475	2482		the intersection of the Intracoastal Waterway and the Brazos River,
2476	2483		then south along the Brazos River to the Gulf of America [Gulf of
2477	2484		Mexico], then east along the Gulf of America [Gulf of Mexico] to the
2478	2485		intersection of a line extending from the southern terminus of
2479	2486		Farm-to-Market Road 1495 due south to the intersection with the
2480	2487		Gulf of America [Gulf of Mexico], and then due north to the
2481	2488		intersection of Farm-to-Market Road 1495 and the Intracoastal
2482	2489		Waterway;
2483	2490		(D) adjacent to the old Brazos River channel and
2484	2491		inside the floodgate, which is zoned as a W-1 District under the
2485	2492		zoning ordinance, and bounded by Farm-to-Market Road 1495 on the
2486	2493		west;
2487	2494		(E) within the portion of Brazoria County 2020
2488	2495		United States Census tract 664200 blocks 2059, 2060, and 2061 that
2489	2496		lies within 3,500 feet of the centerline of State Highway 332;
2490	2497		(F) within the 13.316 acre tract of land
2491	2498		described in that certain Deed recorded in Volume 11199, at Page 471
2492	2499		of the Brazoria County Real Property Records; or
2493	2500		(G) within the 56.751 acre tract of land
2494	2501		described in that certain Deed of Exchange recorded in Volume
2495	2502		86286, at Page 927 of the Brazoria County Real Property Records.
2496	2503		SECTION 15.02. Section 5002.201(a), Special District Local
2497	2504		Laws Code, is amended to read as follows:
2498	2505		(a) This section applies only to property:
2499	2506		(1) owned or leased by the district; and
2500	2507		(2) located in:
2501	2508		(A) the district; and
2502	2509		(B) the boundaries or extraterritorial
2503	2510		jurisdiction of a municipality with a population of less than
2504	2511		20,000 that is wholly located in the district and whose corporate
2505	2512		limits border the Gulf of America [Gulf of Mexico].
2506	2513		SECTION 15.03. Section 5002.205(a), Special District Local
2507	2514		Laws Code, is amended to read as follows:
2508	2515		(a) This section applies only to a municipality with a
2509	2516		population of more than 5,000 that is wholly located in the district
2510	2517		and to property:
2511	2518		(1) owned or leased by the district;
2512	2519		(2) located in the district and within seven miles of
2513	2520		the Gulf of America [Gulf of Mexico]; and
2514	2521		(3) located in the corporate limits or
2515	2522		extraterritorial jurisdiction of a municipality that is subject to
2516	2523		this section.
2517	2524		SECTION 15.04. Section 5201.005(b), Special District Local
2518	2525		Laws Code, is amended to read as follows:
2519	2526		(b) The district may construct, acquire, improve, operate,
2520	2527		or maintain a road facility:
2521	2528		(1) in the district;
2522	2529		(2) from a point in the district to a point outside of
2523	2530		the district in Galveston County; or
2524	2531		(3) from a point in the district in, over, through, or
2525	2532		under the Gulf of America [Gulf of Mexico] or a bay or inlet opening
2526	2533		into the gulf to a point outside of the district and located in
2527	2534		another county.
2528	2535		ARTICLE 16. TRANSPORTATION CODE PROVISIONS
2529	2536		SECTION 16.01. Section 52.002(1), Transportation Code, is
2530	2537		amended to read as follows:
2531	2538		(1) "Adjacent coastal county" means a county bordering
2532	2539		the Gulf of America [Gulf of Mexico] that has an onshore storage
2533	2540		facility for a deepwater port for which an application has been
2534	2541		filed.
2535	2542		SECTION 16.02. Section 54.001, Transportation Code, is
2536	2543		amended to read as follows:
2537	2544		Sec. 54.001. APPLICABILITY OF CHAPTER. This chapter
2538	2545		applies only to a municipality that:
2539	2546		(1) is located on:
2540	2547		(A) the Gulf of America [Gulf of Mexico]; or
2541	2548		(B) a channel, canal, bay, or inlet connected to
2542	2549		that gulf; and
2543	2550		(2) has a population of more than 5,000.
2544	2551		SECTION 16.03. Section 61.002(6), Transportation Code, is
2545	2552		amended to read as follows:
2546	2553		(6) "Port" means a place in this state into which a
2547	2554		vessel enters or from which a vessel departs. If the port connects
2548	2555		to the Gulf of America [Gulf of Mexico], "port" includes the
2549	2556		waterway leading from the port to the Gulf of America [Gulf of
2550	2557		Mexico].
2551	2558		SECTION 16.04. Section 61.006, Transportation Code, is
2552	2559		amended to read as follows:
2553	2560		Sec. 61.006. BOARD JURISDICTION. A board has exclusive
2554	2561		jurisdiction over piloting of vessels in this state between the
2555	2562		Gulf of America [Gulf of Mexico] and the ports in the board's
2556	2563		jurisdiction.
2557	2564		SECTION 16.05. Section 62.024, Transportation Code, is
2558	2565		amended to read as follows:
2559	2566		Sec. 62.024. JURISDICTION. The pilot board of a navigation
2560	2567		district has exclusive jurisdiction over the pilotage of a vessel
2561	2568		between the Gulf of America [Gulf of Mexico] and a port of the
2562	2569		navigation district, including an intermediate stop or landing
2563	2570		place on a navigable stream in the district.
2564	2571		SECTION 16.06. Section 66.002(3), Transportation Code, is
2565	2572		amended to read as follows:
2566	2573		(3) "Harris County port" means a place in Harris
2567	2574		County into which a vessel enters or from which a vessel departs and
2568	2575		the waterway leading to that place from the Gulf of America [Gulf of
2569	2576		Mexico].
2570	2577		SECTION 16.07. Section 67.002(3), Transportation Code, is
2571	2578		amended to read as follows:
2572	2579		(3) "Galveston County port" means a place in Galveston
2573	2580		County into which a vessel enters or from which a vessel departs and
2574	2581		the waterway leading to that place from the Gulf of America [Gulf of
2575	2582		Mexico].
2576	2583		SECTION 16.08. Section 68.002(2), Transportation Code, is
2577	2584		amended to read as follows:
2578	2585		(2) "Brazoria County port" means a place in Brazoria
2579	2586		County into which a vessel enters or from which a vessel departs and
2580	2587		the waterway leading to that place from the Gulf of America [Gulf of
2581	2588		Mexico].
2582	2589		SECTION 16.09. Section 69.002(3), Transportation Code, is
2583	2590		amended to read as follows:
2584	2591		(3) "Jefferson or Orange County port" means a place in
2585	2592		Jefferson or Orange County into which a vessel enters or from which
2586	2593		a vessel departs and the waterway leading to that place from the
2587	2594		Gulf of America [Gulf of Mexico].
2588	2595		SECTION 16.10. Section 69.064(8), Transportation Code, is
2589	2596		amended to read as follows:
2590	2597		(8) the relationship between pilotage rates in
2591	2598		Jefferson or Orange County ports and the rates applicable in other
2592	2599		ports of this state and in competitive ports in other states
2593	2600		bordering the Gulf of America [Gulf of Mexico].
2594	2601		SECTION 16.11. Section 70.002(3), Transportation Code, is
2595	2602		amended to read as follows:
2596	2603		(3) "Port of Corpus Christi" means a place into which a
2597	2604		vessel enters or from which a vessel departs and the waterway
2598	2605		leading to that place from the Gulf of America [Gulf of Mexico]
2599	2606		under the jurisdiction of the Port of Corpus Christi Authority.
2600	2607		SECTION 16.12. Section 283.001(4), Transportation Code, is
2601	2608		amended to read as follows:
2602	2609		(4) "Project" means a causeway, bridge, or tunnel,
2603	2610		including a necessary approach, fixture, accessory, or equipment
2604	2611		that:
2605	2612		(A) is located in one county; and
2606	2613		(B) traverses or lies under the water of the Gulf
2607	2614		of America [Gulf of Mexico], including a bay or inlet opening.
2608	2615		SECTION 16.13. Section 283.002, Transportation Code, is
2609	2616		amended to read as follows:
2610	2617		Sec. 283.002. APPLICABILITY. This chapter applies only to
2611	2618		a county that:
2612	2619		(1) borders on the Gulf of America [Gulf of Mexico];
2613	2620		and
2614	2621		(2) has a population of at least 20,000 as determined
2615	2622		before the issuance of bonds under this chapter.
2616	2623		SECTION 16.14. Section 284.002(a), Transportation Code, is
2617	2624		amended to read as follows:
2618	2625		(a) Except as provided by Subsection (b), this chapter
2619	2626		applies only to a county that:
2620	2627		(1) has a population of 50,000 or more and borders the
2621	2628		Gulf of America [Gulf of Mexico] or a bay or inlet opening into the
2622	2629		gulf;
2623	2630		(2) has a population of 2.5 million or more;
2624	2631		(3) is adjacent to a county that has a population of
2625	2632		2.5 million or more; or
2626	2633		(4) borders the United Mexican States.
2627	2634		SECTION 16.15. Section 341.002, Transportation Code, is
2628	2635		amended to read as follows:
2629	2636		Sec. 341.002. GENERAL AUTHORITY TO ACT. Subject to Chapter
2630	2637		33, Natural Resources Code, an individual, corporation, or
2631	2638		association may purchase, build, own, maintain, and operate a
2632	2639		structure across an arm, inlet, or saltwater bay of the Gulf of
2633	2640		America [Gulf of Mexico] located entirely in this state to provide a
2634	2641		causeway for vehicles, pedestrians, and railroads.
2635	2642		SECTION 16.16. Section 342.001(a), Transportation Code, is
2636	2643		amended to read as follows:
2637	2644		(a) The department may purchase, construct, maintain,
2638	2645		operate, or control a ferry that crosses:
2639	2646		(1) a bay, arm, channel, or saltwater lake emptying
2640	2647		into the Gulf of America [Gulf of Mexico];
2641	2648		(2) an inlet of the Gulf of America [Gulf of Mexico];
2642	2649		or
2643	2650		(3) a river or other navigable body of water.
2644	2651		SECTION 16.17. Section 463.002, Transportation Code, is
2645	2652		amended to read as follows:
2646	2653		Sec. 463.002. APPLICATION. This chapter applies to:
2647	2654		(1) a county that is contiguous to the Gulf of America
2648	2655		[Gulf of Mexico] or a bay or inlet opening into the gulf and that
2649	2656		borders the United Mexican States; and
2650	2657		(2) a county that borders a county described by
2651	2658		Subdivision (1).
2652	2659		SECTION 16.18. Section 551.404(c), Transportation Code, is
2653	2660		amended to read as follows:
2654	2661		(c) Subsection (b) applies only to a county that:
2655	2662		(1) borders or contains a portion of the Red River; or
2656	2663		(2) borders the Gulf of America [Gulf of Mexico] and
2657	2664		has a population of less than 500,000.
2658	2665		SECTION 16.19. Section 551A.001(2), Transportation Code,
2659	2666		is amended to read as follows:
2660	2667		(2) "Beach" means a beach area, publicly or privately
2661	2668		owned, that borders the seaward shore of the Gulf of America [Gulf
2662	2669		of Mexico].
2663	2670		SECTION 16.20. Section 551A.053(c), Transportation Code,
2664	2671		is amended to read as follows:
2665	2672		(c) Subsection (b) applies only to a county that:
2666	2673		(1) borders or contains a portion of the Red River;
2667	2674		(2) borders or contains a portion of the Guadalupe
2668	2675		River and contains a part of a barrier island that borders the Gulf
2669	2676		of America [Gulf of Mexico]; or
2670	2677		(3) is adjacent to a county described by Subdivision
2671	2678		(2) and:
2672	2679		(A) has a population of less than 37,000; and
2673	2680		(B) contains a part of a barrier island or
2674	2681		peninsula that borders the Gulf of America [Gulf of Mexico].
2675	2682		SECTION 16.21. Section 623.210, Transportation Code, is
2676	2683		amended to read as follows:
2677	2684		Sec. 623.210. OPTIONAL PROCEDURE. This subchapter provides
2678	2685		an optional procedure for the issuance of a permit for the movement
2679	2686		of oversize or overweight vehicles carrying cargo on state highways
2680	2687		located in counties:
2681	2688		(1) contiguous to the Gulf of America [Gulf of Mexico]
2682	2689		or a bay or inlet opening into the gulf and:
2683	2690		(A) adjacent to at least two counties with a
2684	2691		population of 550,000 or more; or
2685	2692		(B) bordering the United Mexican States; or
2686	2693		(2) contiguous to the Gulf of America [Gulf of Mexico]
2687	2694		or a bay or inlet opening into the gulf with a population of not more
2688	2695		than 200,000 and adjacent to a county described by Subdivision
2689	2696		(1)(A).
2690	2697		SECTION 16.22. Section 623.212, Transportation Code, is
2691	2698		amended to read as follows:
2692	2699		Sec. 623.212. PERMITS BY PORT AUTHORITY. The commission
2693	2700		may authorize a port authority to issue permits for the movement of
2694	2701		oversize or overweight vehicles carrying cargo on state highways
2695	2702		located in counties:
2696	2703		(1) contiguous to the Gulf of America [Gulf of Mexico]
2697	2704		or a bay or inlet opening into the gulf and:
2698	2705		(A) adjacent to at least two counties with a
2699	2706		population of 550,000 or more; or
2700	2707		(B) bordering the United Mexican States; or
2701	2708		(2) contiguous to the Gulf of America [Gulf of Mexico]
2702	2709		or a bay or inlet opening into the gulf with a population of not more
2703	2710		than 200,000 and adjacent to a county described by Subdivision
2704	2711		(1)(A).
2705	2712		SECTION 16.23. Section 623.219(b-1), Transportation Code,
2706	2713		is amended to read as follows:
2707	2714		(b-1) For a permit issued by a port authority contiguous to
2708	2715		the Gulf of America [Gulf of Mexico] or a bay or inlet opening into
2709	2716		the gulf with a population of not more than 200,000 that is adjacent
2710	2717		to a county described in Subsection (b), the commission shall, with
2711	2718		the consent of the port authority, designate the most direct route
2712	2719		from:
2713	2720		(1) the Matagorda County line to the entrance of the
2714	2721		Port of Palacios using State Highway 35;
2715	2722		(2) the Matagorda County line to the entrance of the
2716	2723		Port of Palacios using State Highway 60;
2717	2724		(3) the Matagorda County line to the entrance of the
2718	2725		Port of Palacios using FM 521; and
2719	2726		(4) the Matagorda County line to the entrance of the
2720	2727		Port of Palacios using State Highway 71.
2721	2728		SECTION 16.24. Section 623.406(b), Transportation Code, is
2722	2729		amended to read as follows:
2723	2730		(b) The transportation of a sealed intermodal shipping
2724	2731		container under a permit issued under this subchapter:
2725	2732		(1) must begin or end at a port authority or port of
2726	2733		entry that is located in a county contiguous to the Gulf of America
2727	2734		[Gulf of Mexico] or a bay or inlet opening into the gulf; and
2728	2735		(2) may not exceed 30 miles from the port authority or
2729	2736		port of entry and must be on a highway or road described by Section
2730	2737		623.405(b).
2731	2738		SECTION 16.25. Section 644.101(b), Transportation Code, as
2732	2739		amended by Chapters 584 (H.B. 2901), 644 (H.B. 4559), and 1072 (S.B.
2733	2740		540), Acts of the 88th Legislature, Regular Session, 2023, is
2734	2741		reenacted and amended to read as follows:
2735	2742		(b) A police officer of any of the following municipalities
2736	2743		is eligible to apply for certification under this section:
2737	2744		(1) a municipality with a population of 50,000 or
2738	2745		more;
2739	2746		(2) a municipality with a population of 25,000 or more
2740	2747		any part of which is located in a county with a population of
2741	2748		500,000 or more;
2742	2749		(3) a municipality with a population of less than
2743	2750		25,000:
2744	2751		(A) any part of which is located in a county with
2745	2752		a population of 3.3 million; and
2746	2753		(B) that contains or is adjacent to an
2747	2754		international port;
2748	2755		(4) a municipality with a population of at least
2749	2756		34,000 that is located in a county that borders two or more states;
2750	2757		(5) a municipality any part of which is located in a
2751	2758		county bordering the United Mexican States;
2752	2759		(6) a municipality with a population of less than
2753	2760		5,000 that is located:
2754	2761		(A) adjacent to a bay connected to the Gulf of
2755	2762		America [Gulf of Mexico]; and
2756	2763		(B) in a county adjacent to a county with a
2757	2764		population greater than 3.3 million;
2758	2765		(7) a municipality that is located:
2759	2766		(A) within 25 miles of an international port; and
2760	2767		(B) in a county that does not contain a highway
2761	2768		that is part of the national system of interstate and defense
2762	2769		highways and is adjacent to a county with a population greater than
2763	2770		3.3 million;
2764	2771		(8) a municipality with a population of less than
2765	2772		8,500 that:
2766	2773		(A) is the county seat; and
2767	2774		(B) contains a highway that is part of the
2768	2775		national system of interstate and defense highways;
2769	2776		(9) a municipality located in a county with a
2770	2777		population between 60,000 and 69,000 adjacent to a bay connected to
2771	2778		the Gulf of America [Gulf of Mexico];
2772	2779		(10) a municipality with a population of more than
2773	2780		40,000 and less than 50,000 that is located in a county with a
2774	2781		population of more than 285,000 and less than 300,000 that borders
2775	2782		the Gulf of America [Gulf of Mexico];
2776	2783		(11) a municipality with a population between 32,000
2777	2784		and 50,000 that is located entirely in a county that:
2778	2785		(A) has a population of less than 250,000;
2779	2786		(B) is adjacent to two counties that each have a
2780	2787		population of more than 1.2 million; and
2781	2788		(C) contains two highways that are part of the
2782	2789		national system of interstate and defense highways;
2783	2790		(12) a municipality with a population of more than
2784	2791		4,500 and less than 10,000 that:
2785	2792		(A) contains a highway that is part of the
2786	2793		national system of interstate and defense highways; and
2787	2794		(B) is located in a county with a population
2788	2795		between 175,000 and 190,000;
2789	2796		(13) a municipality with a population of less than
2790	2797		75,000 that is located in three counties, at least one of which has
2791	2798		a population greater than 3.3 million;
2792	2799		(14) a municipality with a population between 13,900
2793	2800		and 17,000 that:
2794	2801		(A) contains three or more numbered United States
2795	2802		highways; and
2796	2803		(B) is located in a county that is adjacent to a
2797	2804		county with a population of more than 200,000;
2798	2805		(15) a municipality with a population of less than
2799	2806		50,000 that is located in:
2800	2807		(A) a county that generated $20 million or more
2801	2808		in tax revenue collected under Chapters 201 and 202, Tax Code, from
2802	2809		oil and gas production during the preceding state fiscal year; or
2803	2810		(B) a county that is adjacent to two or more
2804	2811		counties described by Paragraph (A); [or]
2805	2812		(16) a municipality with a population of more than
2806	2813		2,000 that is located in a county:
2807	2814		(A) with a population of less than 200,000; and
2808	2815		(B) that borders:
2809	2816		(i) another state; and
2810	2817		(ii) the Gulf Intracoastal Waterway; or
2811	2818		(17) [(16)] a municipality that is located:
2812	2819		(A) within 20 miles of an international airport;
2813	2820		and
2814	2821		(B) in a county that:
2815	2822		(i) contains an active quarry;
2816	2823		(ii) has a population of more than 150,000
2817	2824		but less than 170,000; and
2818	2825		(iii) is adjacent to a county with a
2819	2826		population of more than two million.
2820	2827		SECTION 16.26. Section 729.001(b), Transportation Code, is
2821	2828		amended to read as follows:
2822	2829		(b) In this section, "beach" means a beach bordering on the
2823	2830		Gulf of America [Gulf of Mexico] that extends inland from the line
2824	2831		of mean low tide to the natural line of vegetation bordering on the
2825	2832		seaward shore of the Gulf of America [Gulf of Mexico], or the larger
2826	2833		contiguous area to which the public has acquired a right of use or
2827	2834		easement to or over by prescription, dedication, or estoppel, or
2828	2835		has retained a right by virtue of continuous right in the public
2829	2836		since time immemorial as recognized by law or custom.
2830	2837		SECTION 16.27. The heading to Section 750.002,
2831	2838		Transportation Code, is amended to read as follows:
2832	2839		Sec. 750.002. SPEED OF VEHICLE IN PARK IN COUNTY BORDERING
2833	2840		GULF OF AMERICA [GULF OF MEXICO].
2834	2841		SECTION 16.28. Section 750.002(a), Transportation Code, is
2835	2842		amended to read as follows:
2836	2843		(a) A person commits an offense if the person drives a
2837	2844		vehicle at a speed greater than 30 miles per hour within the
2838	2845		boundaries of a county park located in a county that borders on the
2839	2846		Gulf of America [Gulf of Mexico], other than on a beach as that term
2840	2847		is defined by Section 61.012, Natural Resources Code, in the park.
2841	2848		ARTICLE 17. TAX CODE PROVISIONS
2842	2849		SECTION 17.01. Sections 11.271(b) and (c), Tax Code, are
2843	2850		amended to read as follows:
2844	2851		(b) An owner or lessee of a marine or mobile drilling unit
2845	2852		designed for offshore drilling of oil or gas wells is entitled to an
2846	2853		exemption from taxation of the drilling unit if the drilling unit:
2847	2854		(1) is being stored in a county bordering on the Gulf
2848	2855		of America [Gulf of Mexico] or on a bay or other body of water
2849	2856		immediately adjacent to the Gulf of America [Gulf of Mexico];
2850	2857		(2) is not being stored for the sole purpose of repair
2851	2858		or maintenance; and
2852	2859		(3) is not being used to drill a well at the location
2853	2860		at which it is being stored.
2854	2861		(c) A person is entitled to an exemption from taxation of
2855	2862		the personal property the person owns or leases that is used,
2856	2863		constructed, acquired, stored, or installed solely as part of an
2857	2864		offshore spill response containment system, or that is used solely
2858	2865		for the development, improvement, storage, deployment, repair,
2859	2866		maintenance, or testing of such a system, if the system is being
2860	2867		stored while not in use in a county bordering on the Gulf of America
2861	2868		[Gulf of Mexico] or on a bay or other body of water immediately
2862	2869		adjacent to the Gulf of America [Gulf of Mexico]. Property
2863	2870		described by this subsection and not used for any other purpose is
2864	2871		considered to be property used wholly as an integral part of mobile
2865	2872		or marine drilling equipment designed for offshore drilling of oil
2866	2873		or gas wells.
2867	2874		SECTION 17.02. Section 31.03(d), Tax Code, is amended to
2868	2875		read as follows:
2869	2876		(d) This subsection applies only to a taxing unit located in
2870	2877		a county having a population of not less than 315,000 and not more
2871	2878		than 351,000 that borders a county having a population of 3.3
2872	2879		million or more and the Gulf of America [Gulf of Mexico]. The
2873	2880		governing body of a taxing unit that has its taxes collected by
2874	2881		another taxing unit that has adopted the split-payment option under
2875	2882		Subsection (a) may provide, in the manner required by law for
2876	2883		official action by the body, that the split-payment option does not
2877	2884		apply to the taxing unit's taxes collected by the other taxing unit.
2878	2885		SECTION 17.03. Section 41.44(c-1), Tax Code, is amended to
2879	2886		read as follows:
2880	2887		(c-1) A property owner who files a notice of protest after
2881	2888		the deadline prescribed by Subsection (a) but before the taxes on
2882	2889		the property to which the notice applies become delinquent is
2883	2890		entitled to a hearing and determination of the protest if the
2884	2891		property owner was continuously employed in the Gulf of America
2885	2892		[Gulf of Mexico], including employment on an offshore drilling or
2886	2893		production facility or on a vessel, for a period of not less than 20
2887	2894		days during which the deadline prescribed by Subsection (a) passed,
2888	2895		and the property owner provides the appraisal review board with
2889	2896		evidence of that fact through submission of a letter from the
2890	2897		property owner's employer or supervisor or, if the property owner
2891	2898		is self-employed, a sworn affidavit.
2892	2899		SECTION 17.04. Section 156.2512(c)(1), Tax Code, is amended
2893	2900		to read as follows:
2894	2901		(1) "Eligible barrier island coastal municipality"
2895	2902		means a municipality:
2896	2903		(A) that borders on the Gulf of America [Gulf of
2897	2904		Mexico];
2898	2905		(B) that is located wholly or partly on a barrier
2899	2906		island; and
2900	2907		(C) that:
2901	2908		(i) includes an institution of higher
2902	2909		education that is part of the Texas Coastal Ocean Observation
2903	2910		Network under Section 33.065, Natural Resources Code;
2904	2911		(ii) includes a national estuarine research
2905	2912		reserve;
2906	2913		(iii) is located within 30 miles of the
2907	2914		United Mexican States; or
2908	2915		(iv) has a population of less than 10,000
2909	2916		and is located in a county with a population of at least 370,000
2910	2917		that is adjacent to a county with a population of at least
2911	2918		3,000,000.
2912	2919		SECTION 17.05. Section 156.252(a), Tax Code, is amended to
2913	2920		read as follows:
2914	2921		(a) In this section, "coastal county" means any county
2915	2922		adjacent to:
2916	2923		(1) the Gulf of America [Gulf of Mexico]; or
2917	2924		(2) Corpus Christi Bay.
2918	2925		SECTION 17.06. Section 321.101(g), Tax Code, is amended to
2919	2926		read as follows:
2920	2927		(g) For the purposes of Subsection (f), "territory" in a
2921	2928		municipality having a population of 5,000 or less and bordering on
2922	2929		the Gulf of America [Gulf of Mexico] does not include any area
2923	2930		covered by water and in which no person has a place of business to
2924	2931		which a sales tax permit issued under Subchapter F of Chapter 151
2925	2932		applies.
2926	2933		SECTION 17.07. Sections 351.001(3), (7), and (11), Tax
2927	2934		Code, are amended to read as follows:
2928	2935		(3) "Eligible coastal municipality" means:
2929	2936		(A) a home-rule municipality that borders on the
2930	2937		Gulf of America [Gulf of Mexico] and has a population of less than
2931	2938		80,000; or
2932	2939		(B) a municipality that borders on the Gulf of
2933	2940		America [Gulf of Mexico] and has a population of less than 1,500.
2934	2941		(7) "Eligible central municipality" means:
2935	2942		(A) a municipality with a population of more than
2936	2943		140,000 but less than 1.5 million that is located in a county with a
2937	2944		population of one million or more and that has adopted a capital
2938	2945		improvement plan for the construction or expansion of a convention
2939	2946		center facility;
2940	2947		(B) a municipality with a population of 250,000
2941	2948		or more that:
2942	2949		(i) is located wholly or partly on a barrier
2943	2950		island that borders the Gulf of America [Gulf of Mexico];
2944	2951		(ii) is located in a county with a
2945	2952		population of 300,000 or more; and
2946	2953		(iii) has adopted a capital improvement
2947	2954		plan to expand an existing convention center facility;
2948	2955		(C) a municipality with a population of 200,000
2949	2956		or more that:
2950	2957		(i) is located in two counties both of which
2951	2958		have a population of 900,000 or more; and
2952	2959		(ii) has adopted a capital improvement plan
2953	2960		for the construction or expansion of a convention center facility;
2954	2961		(D) a municipality with a population of less than
2955	2962		50,000 that contains a general academic teaching institution that
2956	2963		is not a component institution of a university system, as those
2957	2964		terms are defined by Section 61.003, Education Code; or
2958	2965		(E) a municipality with a population of 640,000
2959	2966		or more that:
2960	2967		(i) is located on an international border;
2961	2968		and
2962	2969		(ii) has adopted a capital improvement plan
2963	2970		for the construction or expansion of a convention center facility.
2964	2971		(11) "Eligible barrier island coastal municipality"
2965	2972		means a municipality:
2966	2973		(A) that borders on the Gulf of America [Gulf of
2967	2974		Mexico];
2968	2975		(B) that is located wholly on a barrier island;
2969	2976		and
2970	2977		(C) the boundaries of which are within 30 miles
2971	2978		of the United Mexican States.
2972	2979		SECTION 17.08. Section 351.003(c), Tax Code, is amended to
2973	2980		read as follows:
2974	2981		(c) The rate in a municipality that borders on the Gulf of
2975	2982		America [Gulf of Mexico] and has a population of more than 250,000
2976	2983		or in a municipality with a population of less than 5,000 adjacent
2977	2984		to a home-rule city with a population of less than 80,000 may not
2978	2985		exceed nine percent of the price paid for a room.
2979	2986		SECTION 17.09. Section 351.102(e), Tax Code, is amended to
2980	2987		read as follows:
2981	2988		(e) Subsection (b) applies only to:
2982	2989		(1) a municipality with a population of two million or
2983	2990		more;
2984	2991		(2) a municipality with a population of 700,000 or
2985	2992		more but less than 1.4 million;
2986	2993		(3) a municipality with a population of 350,000 or
2987	2994		more but less than 450,000 in which at least two professional sports
2988	2995		stadiums are located, each of which:
2989	2996		(A) has a seating capacity of at least 40,000
2990	2997		people; and
2991	2998		(B) was approved by the voters of the
2992	2999		municipality as a sports and community venue project under Chapter
2993	3000		334, Local Government Code; and
2994	3001		(4) a municipality with a population of less than
2995	3002		2,000 that:
2996	3003		(A) is located adjacent to a bay connected to the
2997	3004		Gulf of America [Gulf of Mexico];
2998	3005		(B) is located in a county with a population of
2999	3006		290,000 or more that is adjacent to a county with a population of
3000	3007		four million or more; and
3001	3008		(C) has a boardwalk on the bay.
3002	3009		SECTION 17.10. Section 351.1055(b), Tax Code, is amended to
3003	3010		read as follows:
3004	3011		(b) Notwithstanding any other provision of this chapter, a
3005	3012		home-rule municipality that borders on the Gulf of America [Gulf of
3006	3013		Mexico] and has a population of more than 250,000 may use all or any
3007	3014		portion of the revenue derived from the municipal hotel occupancy
3008	3015		tax from hotels in an area previously subject to a county hotel
3009	3016		occupancy tax and located on an island bordering the Gulf of America
3010	3017		[Gulf of Mexico] to clean and maintain public beaches in the
3011	3018		municipality.
3012	3019		SECTION 17.11. Section 351.1066(a), Tax Code, is amended to
3013	3020		read as follows:
3014	3021		(a) This section applies only to:
3015	3022		(1) a municipality with a population of at least 3,500
3016	3023		but less than 5,500 that is the county seat of a county with a
3017	3024		population of less than 50,000 that borders a county with a
3018	3025		population of more than 1.6 million;
3019	3026		(2) a municipality with a population of at least 2,800
3020	3027		but less than 3,500 that is the county seat of a county with a
3021	3028		population of less than 22,000 that is bordered by the Trinity River
3022	3029		and includes a state park and a portion of a wildlife management
3023	3030		area;
3024	3031		(3) a municipality with a population of at least 8,000
3025	3032		that is located in a county that borders the Pecos River and that
3026	3033		has a population of not more than 15,000;
3027	3034		(4) a municipality with a population of not more than
3028	3035		15,000 that is located in a county through which the Frio River
3029	3036		flows and an interstate highway crosses, and that has a population
3030	3037		of at least 15,000;
3031	3038		(5) a municipality with a population of not less than
3032	3039		7,500 that is located in a county with a population of not less than
3033	3040		40,000 but less than 250,000 that is adjacent to a county with a
3034	3041		population of less than 750;
3035	3042		(6) a municipality that is the county seat of a county
3036	3043		with a population of at least 8,500 and that county contains part of
3037	3044		the Chaparral Wildlife Management Area; and
3038	3045		(7) a municipality that has a population of not more
3039	3046		than 25,000, that contains a cultural heritage museum, and that is
3040	3047		located in a county that borders the United Mexican States and the
3041	3048		Gulf of America [Gulf of Mexico].
3042	3049		SECTION 17.12. Sections 351.107(a) and (e), Tax Code, are
3043	3050		amended to read as follows:
3044	3051		(a) This section applies only to a municipality that borders
3045	3052		on the Gulf of America [Gulf of Mexico] and has a population of more
3046	3053		than 250,000.
3047	3054		(e) Notwithstanding any other provision of this chapter, a
3048	3055		municipality to which this section applies may use all or any
3049	3056		portion of the revenue derived from the municipal hotel occupancy
3050	3057		tax from hotels in an area previously subject to a county hotel
3051	3058		occupancy tax and located on an island bordering the Gulf of America
3052	3059		[Gulf of Mexico] to clean and maintain public beaches in the
3053	3060		municipality.
3054	3061		SECTION 17.13. Section 351.10713(a), Tax Code, is amended
3055	3062		to read as follows:
3056	3063		(a) This section applies only to a municipality that is the
3057	3064		county seat of a county:
3058	3065		(1) that borders the Gulf of America [Gulf of Mexico];
3059	3066		and
3060	3067		(2) through which the Colorado River flows.
3061	3068		SECTION 17.14. Section 351.152, Tax Code, is amended to
3062	3069		read as follows:
3063	3070		Sec. 351.152. APPLICABILITY. This subchapter applies only
3064	3071		to:
3065	3072		(1) a municipality described by Section
3066	3073		351.001(7)(B);
3067	3074		(2) a municipality described by Section
3068	3075		351.001(7)(D);
3069	3076		(3) a municipality described by Section
3070	3077		351.001(7)(E);
3071	3078		(4) a municipality described by Section
3072	3079		351.102(e)(3);
3073	3080		(5) a municipality that contains more than 70 percent
3074	3081		of the population of a county with a population of 1.5 million or
3075	3082		more;
3076	3083		(6) a municipality with a population of 175,000 or
3077	3084		more but less than 200,000 that is partially located in at least one
3078	3085		county with a population of 125,000 or more;
3079	3086		(7) a municipality with a population of 250,000 or
3080	3087		more but less than one million that is located in one county with a
3081	3088		population of 2.5 million or more;
3082	3089		(8) a municipality with a population of 180,000 or
3083	3090		more that:
3084	3091		(A) is located in two counties, each with a
3085	3092		population of 100,000 or more; and
3086	3093		(B) contains an American Quarter Horse Hall of
3087	3094		Fame and Museum;
3088	3095		(9) a municipality with a population of 96,000 or more
3089	3096		that is located in a county that borders Lake Palestine;
3090	3097		(10) a municipality with a population of 96,000 or
3091	3098		more that is located in a county that contains the headwaters of the
3092	3099		San Gabriel River;
3093	3100		(11) a municipality with a population of at least
3094	3101		95,000 that is located in a county that is bisected by United States
3095	3102		Highway 385 and has a population of not more than 170,000;
3096	3103		(12) a municipality with a population of 110,000 or
3097	3104		more but less than 135,000 at least part of which is located in a
3098	3105		county with a population of less than 135,000;
3099	3106		(13) a municipality with a population of 28,000 or
3100	3107		more but less than 31,000 that is located in two counties, each of
3101	3108		which has a population of 900,000 or more and a southern border with
3102	3109		a county with a population of 2.5 million or more;
3103	3110		(14) a municipality with a population of 200,000 or
3104	3111		more but less than 300,000 that contains a component institution of
3105	3112		the Texas Tech University System;
3106	3113		(15) a municipality with a population of 95,000 or
3107	3114		more that:
3108	3115		(A) is located in more than one county; and
3109	3116		(B) borders Lake Lewisville;
3110	3117		(16) a municipality with a population of 45,000 or
3111	3118		more that:
3112	3119		(A) contains a portion of Cedar Hill State Park;
3113	3120		(B) is located in two counties, one of which has a
3114	3121		population of 2.5 million or more and one of which has a population
3115	3122		of 190,000 or more; and
3116	3123		(C) has adopted a capital improvement plan for
3117	3124		the construction or expansion of a convention center facility;
3118	3125		(17) a municipality with a population of less than
3119	3126		10,000 that:
3120	3127		(A) is almost wholly located in a county with a
3121	3128		population of 900,000 or more that is adjacent to a county with a
3122	3129		population of 2.5 million or more;
3123	3130		(B) is partially located in a county with a
3124	3131		population of 2.1 million or more that is adjacent to a county with
3125	3132		a population of 2.5 million or more;
3126	3133		(C) has a visitor center and museum located in a
3127	3134		19th-century rock building in the municipality's downtown; and
3128	3135		(D) has a waterpark open to the public;
3129	3136		(18) a municipality with a population of 60,000 or
3130	3137		more that:
3131	3138		(A) borders Lake Ray Hubbard; and
3132	3139		(B) is located in two counties, one of which has a
3133	3140		population of less than 110,000;
3134	3141		(19) a municipality with a population of 110,000 or
3135	3142		more that:
3136	3143		(A) borders Clear Lake; and
3137	3144		(B) is primarily located in a county with a
3138	3145		population of less than 355,000;
3139	3146		(20) a municipality with a population of less than
3140	3147		2,000 that:
3141	3148		(A) is located adjacent to a bay connected to the
3142	3149		Gulf of America [Gulf of Mexico];
3143	3150		(B) is located in a county with a population of
3144	3151		290,000 or more that is adjacent to a county with a population of
3145	3152		four million or more; and
3146	3153		(C) has a boardwalk on the bay;
3147	3154		(21) a municipality with a population of 75,000 or
3148	3155		more that:
3149	3156		(A) is located wholly in one county with a
3150	3157		population of 800,000 or more that is adjacent to a county with a
3151	3158		population of four million or more; and
3152	3159		(B) has adopted a capital improvement plan for
3153	3160		the construction or expansion of a convention center facility;
3154	3161		(22) a municipality with a population of less than
3155	3162		70,000 that is located in three counties, at least one of which has
3156	3163		a population of four million or more;
3157	3164		(23) an eligible coastal municipality with a
3158	3165		population of 2,900 or more but less than 5,000;
3159	3166		(24) a municipality with a population of 90,000 or
3160	3167		more but less than 150,000 that:
3161	3168		(A) is located in three counties; and
3162	3169		(B) contains a branch campus of a component
3163	3170		institution of the University of Houston System;
3164	3171		(25) a municipality that is:
3165	3172		(A) primarily located in a county with a
3166	3173		population of four million or more; and
3167	3174		(B) connected by a bridge to a municipality
3168	3175		described by Subdivision (20);
3169	3176		(26) a municipality with a population of 25,000 or
3170	3177		more but less than 30,000 that:
3171	3178		(A) contains a portion of Mustang Bayou; and
3172	3179		(B) is wholly located in a county with a
3173	3180		population of less than 500,000;
3174	3181		(27) a municipality with a population of 70,000 or
3175	3182		more but less than 90,000 that is located in two counties, one of
3176	3183		which has a population of four million or more and the other of
3177	3184		which has a population of less than 50,000;
3178	3185		(28) a municipality with a population of 10,000 or
3179	3186		more that:
3180	3187		(A) is wholly located in a county with a
3181	3188		population of four million or more; and
3182	3189		(B) has a city hall located less than three miles
3183	3190		from a space center operated by an agency of the federal government;
3184	3191		(29) a municipality that is the county seat of a
3185	3192		county:
3186	3193		(A) through which the Pedernales River flows; and
3187	3194		(B) in which the birthplace of a president of the
3188	3195		United States is located;
3189	3196		(30) a municipality that contains a portion of U.S.
3190	3197		Highway 79 and State Highway 130;
3191	3198		(31) a municipality with a population of 70,000 or
3192	3199		more but less than 115,000 that is located in two counties, one of
3193	3200		which has a population of 1.1 million or more but less than 1.9
3194	3201		million;
3195	3202		(32) a municipality with a population of less than
3196	3203		25,000 that contains a museum of Western American art;
3197	3204		(33) a municipality with a population of 50,000 or
3198	3205		more that is the county seat of a county that contains a portion of
3199	3206		the Sam Houston National Forest;
3200	3207		(34) a municipality with a population of less than
3201	3208		25,000 that:
3202	3209		(A) contains a cultural heritage museum; and
3203	3210		(B) is located in a county that borders the
3204	3211		United Mexican States and the Gulf of America [Gulf of Mexico];
3205	3212		(35) a municipality that is the county seat of a county
3206	3213		that:
3207	3214		(A) has a population of 115,000 or more;
3208	3215		(B) is adjacent to a county with a population of
3209	3216		2.1 million or more; and
3210	3217		(C) hosts an annual peach festival;
3211	3218		(36) a municipality that is the county seat of a county
3212	3219		that:
3213	3220		(A) has a population of 800,000 or more; and
3214	3221		(B) is adjacent to a county with a population of
3215	3222		four million or more;
3216	3223		(37) a municipality with a population of less than
3217	3224		10,000 that:
3218	3225		(A) contains a component university of The Texas
3219	3226		A&M University System; and
3220	3227		(B) is located in a county adjacent to a county
3221	3228		that borders Oklahoma;
3222	3229		(38) a municipality with a population of less than
3223	3230		17,000 that:
3224	3231		(A) is located in two counties, each of which has
3225	3232		a population of 900,000 or more but less than two million; and
3226	3233		(B) hosts an annual Cajun Festival;
3227	3234		(39) a municipality with a population of 13,000 or
3228	3235		more that:
3229	3236		(A) is located on an international border; and
3230	3237		(B) is located in a county:
3231	3238		(i) with a population of less than 400,000;
3232	3239		and
3233	3240		(ii) in which at least one World Birding
3234	3241		Center site is located;
3235	3242		(40) a municipality with a population of 3,200 or more
3236	3243		that:
3237	3244		(A) is located on an international border; and
3238	3245		(B) is located not more than five miles from a
3239	3246		state historic site that serves as a visitor center for a state park
3240	3247		that contains 300,000 or more acres of land;
3241	3248		(41) a municipality with a population of 36,000 or
3242	3249		more that is adjacent to at least two municipalities described by
3243	3250		Subdivision (15);
3244	3251		(42) a municipality with a population of 28,000 or
3245	3252		more that is located in a county with a population of 240,000 or
3246	3253		more that contains a portion of the Blanco River and in which is
3247	3254		located a historic railroad depot and heritage center;
3248	3255		(43) a municipality located in a county that has a
3249	3256		population of not more than 300,000 and in which a component
3250	3257		university of the University of Houston System is located;
3251	3258		(44) a municipality with a population of less than
3252	3259		500,000 that is:
3253	3260		(A) located in two counties; and
3254	3261		(B) adjacent to a municipality described by
3255	3262		Subdivision (31);
3256	3263		(45) a municipality that:
3257	3264		(A) has a population of more than 67,000; and
3258	3265		(B) is located in two counties with 90 percent of
3259	3266		the municipality's territory located in a county with a population
3260	3267		of at least 800,000, and the remaining territory located in a county
3261	3268		with a population of at least four million;
3262	3269		(46) a municipality that:
3263	3270		(A) has a population of 100,000 or more; and
3264	3271		(B) is wholly located in, but is not the county
3265	3272		seat of, a county with a population of one million or more:
3266	3273		(i) in which all or part of a municipality
3267	3274		with a population of one million or more is located; and
3268	3275		(ii) that is adjacent to a county with a
3269	3276		population of 2.5 million or more;
3270	3277		(47) a municipality that is the county seat of a county
3271	3278		bordering the Gulf of America [Gulf of Mexico] and the United
3272	3279		Mexican States;
3273	3280		(48) a municipality that is bisected by the Guadalupe
3274	3281		River and is the county seat of a county with a population of
3275	3282		170,000 or more;
3276	3283		(49) a municipality with a population of 70,000 or
3277	3284		more but less than 150,000 that borders Joe Pool Lake;
3278	3285		(50) a municipality with a population of 115,000 or
3279	3286		more that borders the Neches River;
3280	3287		(51) a municipality described by Section 351.101(k);
3281	3288		(52) a municipality that is the county seat of a
3282	3289		county:
3283	3290		(A) through which the Brazos River flows; and
3284	3291		(B) in which a national monument is located;
3285	3292		(53) a municipality with a population of 45,000 or
3286	3293		more that:
3287	3294		(A) is not the county seat of a county;
3288	3295		(B) is located in a single county; and
3289	3296		(C) contains a portion of Lake Lewisville;
3290	3297		(54) a municipality that is the county seat of a county
3291	3298		with a population of more than 900,000 that is adjacent to two
3292	3299		counties, each of which has a population of more than 1.8 million;
3293	3300		(55) a municipality that hosts an annual wine festival
3294	3301		and is located in three counties, each of which has a population of
3295	3302		more than 900,000;
3296	3303		(56) a municipality that has a population of at least
3297	3304		150,000 but less than 1,300,000 and is partially located in a county
3298	3305		that contains a portion of Cedar Creek Reservoir;
3299	3306		(57) a municipality that is located in a county that
3300	3307		contains a portion of Cedar Creek Reservoir and in which a private
3301	3308		college is located;
3302	3309		(58) a municipality that is the county seat of a
3303	3310		county:
3304	3311		(A) with a population of one million or more;
3305	3312		(B) in which all or part of a municipality with a
3306	3313		population of one million or more is located; and
3307	3314		(C) that is located adjacent to a county with a
3308	3315		population of 2.5 million or more;
3309	3316		(59) a municipality that is the county seat of a county
3310	3317		that contains a portion of Cedar Creek Reservoir and borders a
3311	3318		county with a population of more than 240,000;
3312	3319		(60) a municipality with a population of more than
3313	3320		80,000 but less than 150,000 that is located in a county with a
3314	3321		population of more than 369,000 but less than 864,000 that contains
3315	3322		part of an active duty United States Army installation;
3316	3323		(61) a municipality with a population of 750,000 or
3317	3324		more that is located in a county with a population of 1.5 million or
3318	3325		less;
3319	3326		(62) a municipality with a population of less than
3320	3327		7,000 that contains a country music hall of fame;
3321	3328		(63) a municipality with a population of 35,000 or
3322	3329		more that contains a railroad museum and is located in a county
3323	3330		that:
3324	3331		(A) has a population of 800,000 or more; and
3325	3332		(B) is adjacent to a county with a population of
3326	3333		four million or more; and
3327	3334		(64) a municipality:
3328	3335		(A) that is the county seat of a county:
3329	3336		(i) with a population of 60,000 or less; and
3330	3337		(ii) that borders the Rio Grande; and
3331	3338		(B) in which is located a United States military
3332	3339		fort listed in the National Register of Historic Places.
3333	3340		SECTION 17.15. Section 352.002(a), Tax Code, is amended to
3334	3341		read as follows:
3335	3342		(a) The commissioners courts of the following counties by
3336	3343		the adoption of an order or resolution may impose a tax on a person
3337	3344		who, under a lease, concession, permit, right of access, license,
3338	3345		contract, or agreement, pays for the use or possession or for the
3339	3346		right to the use or possession of a room that is in a hotel, costs $2
3340	3347		or more each day, and is ordinarily used for sleeping:
3341	3348		(1) a county that has a population of more than 3.3
3342	3349		million;
3343	3350		(2) a county that has a population of 90,000 or more,
3344	3351		borders the United Mexican States, does not border the Gulf of
3345	3352		America [Gulf of Mexico], and does not have four or more cities that
3346	3353		each have a population of more than 25,000;
3347	3354		(3) a county in which there is no municipality;
3348	3355		(4) a county in which there is located an Indian
3349	3356		reservation under the jurisdiction of the United States government;
3350	3357		(5) a county that has a population of 30,000 or less,
3351	3358		that has no more than one municipality with a population of less
3352	3359		than 2,500, and that borders two counties located wholly in the
3353	3360		Edwards Aquifer Authority established by Chapter 626, Acts of the
3354	3361		73rd Legislature, Regular Session, 1993;
3355	3362		(6) a county that borders the Gulf of America [Gulf of
3356	3363		Mexico];
3357	3364		(7) a county that has a population of less than 5,000,
3358	3365		that borders the United Mexican States, and in which there is
3359	3366		located a major observatory;
3360	3367		(8) a county that has a population of 12,000 or less
3361	3368		and borders the Toledo Bend Reservoir;
3362	3369		(9) a county that has a population of less than 12,500
3363	3370		and an area of less than 275 square miles and does not border a
3364	3371		county that borders Arkansas and Louisiana;
3365	3372		(10) a county that has a population of 30,000 or less
3366	3373		and borders Possum Kingdom Lake;
3367	3374		(11) a county that borders a county with a population
3368	3375		of more than 300,000 and the United Mexican States and has a
3369	3376		population of more than 300,000 and less than 900,000;
3370	3377		(12) a county that has a population of 35,000 or more
3371	3378		and borders or contains a portion of Lake Fork Reservoir;
3372	3379		(13) a county that borders the United Mexican States
3373	3380		and in which there is located a national recreation area;
3374	3381		(14) a county that borders the United Mexican States
3375	3382		and in which there is located a national park of more than 400,000
3376	3383		acres;
3377	3384		(15) a county that has a population of 28,000 or less,
3378	3385		that has no more than four municipalities, and that is located
3379	3386		wholly in the Edwards Aquifer Authority established by Chapter 626,
3380	3387		Acts of the 73rd Legislature, Regular Session, 1993;
3381	3388		(16) a county that has a population of 25,000 or less,
3382	3389		whose territory is less than 750 square miles, and that has two
3383	3390		incorporated municipalities, each with a population of 800 or less,
3384	3391		at least one of which is located on the Frio River;
3385	3392		(17) a county that has a population of 34,000 or more
3386	3393		and borders Lake Buchanan;
3387	3394		(18) a county that has a population of more than 45,000
3388	3395		and less than 75,000, that borders the United Mexican States, and
3389	3396		that borders or contains a portion of Falcon Lake;
3390	3397		(19) a county with a population of 22,000 or less that
3391	3398		borders the Neches River and in which there is located a national
3392	3399		preserve;
3393	3400		(20) a county that has a population of 28,000 or less
3394	3401		and that borders or contains a portion of Lake Livingston;
3395	3402		(21) a county through which the Pedernales River flows
3396	3403		and in which the birthplace or the childhood home of a president of
3397	3404		the United States is located;
3398	3405		(22) a county that has a population of 35,000 or less
3399	3406		and borders Lake Buchanan;
3400	3407		(23) a county with a population of less than 11,000
3401	3408		that is bordered by the Sulphur River;
3402	3409		(24) a county that has a population of 16,000 or more
3403	3410		and borders the entire north shore of Lake Somerville;
3404	3411		(25) a county that has a population of 20,000 or less
3405	3412		and that is bordered by the Brazos and Navasota Rivers;
3406	3413		(26) a county that has a population of more than 15,000
3407	3414		and less than 25,000 and is located on the Trinity and Navasota
3408	3415		Rivers;
3409	3416		(27) a county that has a population of less than 15,000
3410	3417		and that is bordered by the Trinity and Navasota Rivers;
3411	3418		(28) a county that borders or contains a portion of the
3412	3419		Neches River, the Sabine River, and Sabine Lake; and
3413	3420		(29) a county that borders Whitney Lake.
3414	3421		SECTION 17.16. Section 352.003(f), Tax Code, is amended to
3415	3422		read as follows:
3416	3423		(f) The tax rate in a county that borders the Gulf of America
3417	3424		[Gulf of Mexico], has a population of more than 200,000, and borders
3418	3425		the Neches River may not exceed two percent of the price paid for a
3419	3426		room in a hotel in the county.
3420	3427		SECTION 17.17. The heading to Section 352.1033, Tax Code,
3421	3428		is amended to read as follows:
3422	3429		Sec. 352.1033. USE OF REVENUE; COUNTIES BORDERING THE GULF
3423	3430		OF AMERICA [GULF OF MEXICO].
3424	3431		SECTION 17.18. Sections 352.1033(a) and (b), Tax Code, are
3425	3432		amended to read as follows:
3426	3433		(a) Subject to Subsection (c), the revenue from a tax
3427	3434		imposed under this chapter by a county that borders the Gulf of
3428	3435		America [Gulf of Mexico] authorized to impose the tax by Section
3429	3436		352.002(a)(6) may be used only to:
3430	3437		(1) clean public beaches;
3431	3438		(2) acquire, furnish, or maintain facilities,
3432	3439		including parks, that enhance public access to beaches;
3433	3440		(3) provide and maintain public restrooms on or
3434	3441		adjacent to beaches or beach access facilities;
3435	3442		(4) provide and maintain litter containers on or
3436	3443		adjacent to beaches or beach access facilities;
3437	3444		(5) create, renovate, promote, and maintain parks
3438	3445		adjacent to bays, rivers, and other navigable waterways if the
3439	3446		county does not operate a public beach on the Gulf of America [Gulf
3440	3447		of Mexico];
3441	3448		(6) advertise and conduct solicitations and
3442	3449		promotional programs to attract tourists and convention delegates
3443	3450		or registrants to the county or its vicinity, any of which may be
3444	3451		conducted by the county or through contracts with persons or
3445	3452		organizations selected by the county;
3446	3453		(7) acquire a site for and construct, improve,
3447	3454		enlarge, equip, repair, operate, and maintain a visitor information
3448	3455		center; and
3449	3456		(8) encourage, promote, and improve historical
3450	3457		preservation and restoration efforts.
3451	3458		(b) A county that borders the Gulf of America [Gulf of
3452	3459		Mexico] and that is authorized to impose the tax by Section
3453	3460		352.002(a)(6) may use 50 percent or less of the revenue from the tax
3454	3461		for the promotion of tourism.
3455	3462		ARTICLE 18. UTILITIES CODE PROVISIONS
3456	3463		SECTION 18.01. Section 39.9016, Utilities Code, is amended
3457	3464		to read as follows:
3458	3465		Sec. 39.9016. NUCLEAR SAFETY FEE. An electric utility that
3459	3466		operates a nuclear asset located in a county on the coast of the
3460	3467		Gulf of America [Gulf of Mexico] shall pay a nuclear safety fee for
3461	3468		the year 2000 and the year 2001 to each taxing unit in which the
3462	3469		nuclear asset is located, other than a school district, in an amount
3463	3470		equal to the difference between the ad valorem taxes imposed by the
3464	3471		taxing unit in 1999 and the amount of ad valorem taxes imposed by
3465	3472		the unit in the year for which the fee is due, except that the amount
3466	3473		of the fee may not exceed one-half the taxes imposed on the asset by
3467	3474		the unit in 1999. The nuclear safety fee shall be considered a tax
3468	3475		or fee under Section 39.258(5).
3469	3476		ARTICLE 19. WATER CODE PROVISIONS
3470	3477		SECTION 19.01. Section 11.002(11), Water Code, is amended
3471	3478		to read as follows:
3472	3479		(11) "River basin" means a river or coastal basin
3473	3480		designated by the board as a river basin under Section 16.051. The
3474	3481		term does not include waters originating in the bays or arms of the
3475	3482		Gulf of America [Gulf of Mexico].
3476	3483		SECTION 19.02. Section 11.021(a), Water Code, is amended to
3477	3484		read as follows:
3478	3485		(a) The water of the ordinary flow, underflow, and tides of
3479	3486		every flowing river, natural stream, and lake, and of every bay or
3480	3487		arm of the Gulf of America [Gulf of Mexico], and the storm water,
3481	3488		floodwater, and rainwater of every river, natural stream, canyon,
3482	3489		ravine, depression, and watershed in the state is the property of
3483	3490		the state.
3484	3491		SECTION 19.03. Section 11.023(f), Water Code, is amended to
3485	3492		read as follows:
3486	3493		(f) The water of any arm, inlet, or bay of the Gulf of
3487	3494		America [Gulf of Mexico] may be changed from salt water to sweet or
3488	3495		fresh water and held or stored by dams, dikes, or other structures
3489	3496		and may be taken or diverted for any purpose authorized by this
3490	3497		chapter.
3491	3498		SECTION 19.04. Section 11.050(a), Water Code, is amended to
3492	3499		read as follows:
3493	3500		(a) An appropriator authorized to take water for
3494	3501		irrigation, subject to the laws of the United States and the
3495	3502		regulations made under its authority, may construct gates or
3496	3503		breakwaters, dams, or dikes with gates, in waters wholly in this
3497	3504		state, as necessary to prevent pollution of the fresh water of any
3498	3505		river, bayou, or stream due to the ebb and flow of the tides of the
3499	3506		Gulf of America [Gulf of Mexico].
3500	3507		SECTION 19.05. Section 11.0871(a), Water Code, is amended
3501	3508		to read as follows:
3502	3509		(a) The commission may authorize, under conditions stated
3503	3510		in an order, a watermaster to provide for the temporary diversion
3504	3511		and use by holders of water rights of storm water or floodwater that
3505	3512		spills from dams and reservoirs on an international stream and
3506	3513		otherwise would flow into the Gulf of America [Gulf of Mexico]
3507	3514		without opportunity for beneficial use.
3508	3515		SECTION 19.06. Sections 11.1405(a) and (b), Water Code, are
3509	3516		amended to read as follows:
3510	3517		(a) The commission may issue a permit under this section to
3511	3518		authorize a diversion of state water from the Gulf of America [Gulf
3512	3519		of Mexico] or a bay or arm of the Gulf of America [Gulf of Mexico]
3513	3520		for desalination and use for industrial purposes if:
3514	3521		(1) the point of diversion is located less than three
3515	3522		miles seaward of any point located on the coast of this state; or
3516	3523		(2) the seawater contains a total dissolved solids
3517	3524		concentration based on a yearly average of samples taken monthly at
3518	3525		the water source of less than 20,000 milligrams per liter.
3519	3526		(b) A person may divert state water from the Gulf of America
3520	3527		[Gulf of Mexico] or a bay or arm of the Gulf of America [Gulf of
3521	3528		Mexico] for desalination and use for industrial purposes without
3522	3529		obtaining a permit if Subsection (a) does not apply.
3523	3530		SECTION 19.07. Section 11.142(c), Water Code, is amended to
3524	3531		read as follows:
3525	3532		(c) Without obtaining a permit, a person who is drilling and
3526	3533		producing petroleum and conducting operations associated with
3527	3534		drilling and producing petroleum may take for those purposes state
3528	3535		water from the Gulf of America [Gulf of Mexico] and adjacent bays
3529	3536		and arms of the Gulf of America [Gulf of Mexico] in an amount not to
3530	3537		exceed one acre-foot during each 24-hour period.
3531	3538		SECTION 19.08. Section 11.1421(b), Water Code, is amended
3532	3539		to read as follows:
3533	3540		(b) Without obtaining a permit and subject to the
3534	3541		requirements and limitations provided by Subsections (c) through
3535	3542		(e) of this section, a person who is engaged in mariculture
3536	3543		operations on land may take for that purpose state water from the
3537	3544		Gulf of America [Gulf of Mexico] and adjacent bays and arms of the
3538	3545		Gulf of America [Gulf of Mexico] in an amount appropriate to those
3539	3546		mariculture activities.
3540	3547		SECTION 19.09. Section 11.3271(h), Water Code, is amended
3541	3548		to read as follows:
3542	3549		(h) Before granting a permit to convey water down the banks
3543	3550		and bed of the Rio Grande, the commission shall adopt rules that
3544	3551		provide for the methods and procedures by which the watermaster
3545	3552		shall account for any discharge, delivery, conveyance, storage,
3546	3553		diversion, or associated loss of water conveyed down the banks and
3547	3554		bed of the Rio Grande. A permit to convey water down the banks and
3548	3555		bed of the Rio Grande may not allow the permit holder to share in any
3549	3556		beneficial state water inflows into the Rio Grande. The permit
3550	3557		holder is entitled to convey only the amount of water specified in
3551	3558		the permit, less the carriage losses incurred in transit, as
3552	3559		described and measured according to commission rules. A rule
3553	3560		adopted by the commission under this subsection must be consistent
3554	3561		with the Treaty Relating to the Utilization of the Waters of the
3555	3562		Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from
3556	3563		Fort Quitman, Texas, to the Gulf of America [Gulf of Mexico],
3557	3564		concluded by the United States and the United Mexican States on
3558	3565		February 3, 1944, and with any minute order adopted by the
3559	3566		International Boundary and Water Commission.
3560	3567		SECTION 19.10. Section 13.245(c-5), Water Code, is amended
3561	3568		to read as follows:
3562	3569		(c-5) Subsections (c-1), (c-2), (c-3), and (c-4) do not
3563	3570		apply to:
3564	3571		(1) a county that borders the United Mexican States
3565	3572		and the Gulf of America [Gulf of Mexico] or a county adjacent to
3566	3573		such a county;
3567	3574		(2) a county with a population of more than 30,000 and
3568	3575		less than 36,000 that borders the Red River; or
3569	3576		(3) a county with a population of more than 100,000 and
3570	3577		less than 200,000 that borders a county described by Subdivision
3571	3578		(2).
3572	3579		SECTION 19.11. Section 13.2451(b-1), Water Code, is amended
3573	3580		to read as follows:
3574	3581		(b-1) Subsection (b) does not apply to an extension of
3575	3582		extraterritorial jurisdiction in a county that borders the United
3576	3583		Mexican States and the Gulf of America [Gulf of Mexico] or a county
3577	3584		adjacent to such a county.
3578	3585		SECTION 19.12. Section 13.254(a-9), Water Code, is amended
3579	3586		to read as follows:
3580	3587		(a-9) Subsection (a-8) does not apply to a county that
3581	3588		borders the United Mexican States and the Gulf of America [Gulf of
3582	3589		Mexico] or a county adjacent to a county that borders the United
3583	3590		Mexican States and the Gulf of America [Gulf of Mexico].
3584	3591		SECTION 19.13. Section 16.053(e), Water Code, is amended to
3585	3592		read as follows:
3586	3593		(e) Each regional water planning group shall submit to the
3587	3594		development board a regional water plan that:
3588	3595		(1) is consistent with the guidance principles for the
3589	3596		state water plan adopted by the development board under Section
3590	3597		16.051(d);
3591	3598		(2) provides information based on data provided or
3592	3599		approved by the development board in a format consistent with the
3593	3600		guidelines provided by the development board under Subsection (d);
3594	3601		(2-a) is consistent with the desired future conditions
3595	3602		adopted under Section 36.108 for the relevant aquifers located in
3596	3603		the regional water planning area as of the most recent deadline for
3597	3604		the board to adopt the state water plan under Section 16.051 or, at
3598	3605		the option of the regional water planning group, established
3599	3606		subsequent to the adoption of the most recent plan; provided,
3600	3607		however, that if no groundwater conservation district exists within
3601	3608		the area of the regional water planning group, the regional water
3602	3609		planning group shall determine the supply of groundwater for
3603	3610		regional planning purposes; the Texas Water Development Board shall
3604	3611		review and approve, prior to inclusion in the regional water plan,
3605	3612		that the groundwater supply for the regional planning group without
3606	3613		a groundwater conservation district in its area is physically
3607	3614		compatible, using the board's groundwater availability models,
3608	3615		with the desired future conditions adopted under Section 36.108 for
3609	3616		the relevant aquifers in the groundwater management area that are
3610	3617		regulated by groundwater conservation districts;
3611	3618		(3) identifies:
3612	3619		(A) each source of water supply in the regional
3613	3620		water planning area, including information supplied by the
3614	3621		executive administrator on the amount of modeled available
3615	3622		groundwater in accordance with the guidelines provided by the
3616	3623		development board under Subsections (d) and (f);
3617	3624		(B) factors specific to each source of water
3618	3625		supply to be considered in determining whether to initiate a
3619	3626		drought response;
3620	3627		(C) actions to be taken as part of the response;
3621	3628		(D) existing major water infrastructure
3622	3629		facilities that may be used for interconnections in the event of an
3623	3630		emergency shortage of water; and
3624	3631		(E) unnecessary or counterproductive variations
3625	3632		in specific drought response strategies, including outdoor
3626	3633		watering restrictions, among user groups in the regional water
3627	3634		planning area that may confuse the public or otherwise impede
3628	3635		drought response efforts;
3629	3636		(4) has specific provisions for water management
3630	3637		strategies to be used during a drought of record;
3631	3638		(5) includes but is not limited to consideration of
3632	3639		the following:
3633	3640		(A) any existing water or drought planning
3634	3641		efforts addressing all or a portion of the region and potential
3635	3642		impacts on public health, safety, or welfare in this state;
3636	3643		(B) approved groundwater conservation district
3637	3644		management plans and other plans submitted under Section 16.054;
3638	3645		(C) all potentially feasible water management
3639	3646		strategies, including but not limited to improved conservation,
3640	3647		reuse, and management of existing water supplies, conjunctive use,
3641	3648		acquisition of available existing water supplies, and development
3642	3649		of new water supplies;
3643	3650		(D) protection of existing water rights in the
3644	3651		region;
3645	3652		(E) opportunities for and the benefits of
3646	3653		developing regional water supply facilities or providing regional
3647	3654		management of water supply facilities;
3648	3655		(F) appropriate provision for environmental
3649	3656		water needs and for the effect of upstream development on the bays,
3650	3657		estuaries, and arms of the Gulf of America [Gulf of Mexico] and the
3651	3658		effect of plans on navigation;
3652	3659		(G) provisions in Section 11.085(k)(1) if
3653	3660		interbasin transfers are contemplated;
3654	3661		(H) voluntary transfer of water within the region
3655	3662		using, but not limited to, regional water banks, sales, leases,
3656	3663		options, subordination agreements, and financing agreements;
3657	3664		(I) emergency transfer of water under Section
3658	3665		11.139, including information on the part of each permit, certified
3659	3666		filing, or certificate of adjudication for nonmunicipal use in the
3660	3667		region that may be transferred without causing unreasonable damage
3661	3668		to the property of the nonmunicipal water rights holder; and
3662	3669		(J) opportunities for and the benefits of
3663	3670		developing large-scale desalination facilities for:
3664	3671		(i) marine seawater that serve local or
3665	3672		regional entities; and
3666	3673		(ii) brackish groundwater that serve local
3667	3674		or regional brackish groundwater production zones identified and
3668	3675		designated under Section 16.060(b)(5);
3669	3676		(6) identifies river and stream segments of unique
3670	3677		ecological value and sites of unique value for the construction of
3671	3678		reservoirs that the regional water planning group recommends for
3672	3679		protection under Section 16.051;
3673	3680		(7) assesses the impact of the plan on unique river and
3674	3681		stream segments identified in Subdivision (6) if the regional water
3675	3682		planning group or the legislature determines that a site of unique
3676	3683		ecological value exists;
3677	3684		(8) describes the impact of proposed water projects on
3678	3685		water quality;
3679	3686		(9) includes information on:
3680	3687		(A) projected water use and conservation in the
3681	3688		regional water planning area;
3682	3689		(B) the implementation of state and regional
3683	3690		water plan projects, including water conservation strategies,
3684	3691		necessary to meet the state's projected water demands; and
3685	3692		(C) the implementation of large projects,
3686	3693		including reservoirs, interstate water transfers, innovative
3687	3694		technology projects, desalination plants, and other large projects
3688	3695		as determined by the board, including information regarding:
3689	3696		(i) expenditures of sponsor money;
3690	3697		(ii) permit applications, including the
3691	3698		status of a permit application; and
3692	3699		(iii) status updates on the phase of
3693	3700		construction of a project;
3694	3701		(10) if the regional water planning area has
3695	3702		significant identified water needs, provides a specific assessment
3696	3703		of the potential for aquifer storage and recovery projects to meet
3697	3704		those needs;
3698	3705		(11) sets one or more specific goals for gallons of
3699	3706		water use per capita per day in each decade of the period covered by
3700	3707		the plan for the municipal water user groups in the regional water
3701	3708		planning area; and
3702	3709		(12) assesses the progress of the regional water
3703	3710		planning area in encouraging cooperation between water user groups
3704	3711		for the purpose of achieving economies of scale and otherwise
3705	3712		incentivizing strategies that benefit the entire region.
3706	3713		SECTION 19.14. Section 16.321, Water Code, is amended to
3707	3714		read as follows:
3708	3715		Sec. 16.321. COASTAL FLOODING. The Commissioner of the
3709	3716		General Land Office shall adopt and enforce reasonable rules and
3710	3717		regulations necessary for protection from flooding on barrier
3711	3718		islands, peninsulas, and mainland areas fronting on the Gulf of
3712	3719		America [Gulf of Mexico]. Rules and regulations adopted pursuant
3713	3720		to this section shall be limited to those matters that political
3714	3721		subdivisions are authorized to address under Section 16.315 of this
3715	3722		code. Except as otherwise provided by this section, all actions
3716	3723		taken by political subdivisions under Section 16.315 of this code
3717	3724		with respect to flooding on barrier islands, peninsulas, and
3718	3725		mainland areas fronting on the Gulf of America [Gulf of Mexico] must
3719	3726		comply with rules and regulations adopted by the commissioner under
3720	3727		this section. A political subdivision may adopt rules that are more
3721	3728		stringent than those adopted by the commissioner under this
3722	3729		section, provided the stricter provisions are intended to ensure
3723	3730		compliance with the National Flood Insurance Program's rules,
3724	3731		regulations, and policies.
3725	3732		SECTION 19.15. Section 18.001(2), Water Code, is amended to
3726	3733		read as follows:
3727	3734		(2) "Marine seawater" means water that is derived from
3728	3735		the Gulf of America [Gulf of Mexico].
3729	3736		SECTION 19.16. Section 18.003(i), Water Code, is amended to
3730	3737		read as follows:
3731	3738		(i) The Parks and Wildlife Department and the General Land
3732	3739		Office jointly shall conduct a study to identify zones in the Gulf
3733	3740		of America [Gulf of Mexico] that are appropriate for the diversion
3734	3741		of marine seawater, taking into account the need to protect marine
3735	3742		organisms. Not later than September 1, 2018, the Parks and Wildlife
3736	3743		Department and the General Land Office shall submit a report on the
3737	3744		results of the study to the commission. The report must include
3738	3745		recommended diversion zones for designation by the commission and
3739	3746		recommendations for the number of points from which, and the rate at
3740	3747		which, a facility may divert marine seawater. Not later than
3741	3748		September 1, 2020, the commission by rule shall designate
3742	3749		appropriate diversion zones. A diversion zone may be contiguous
3743	3750		to, be the same as, or overlap a discharge zone. The point or points
3744	3751		from which a facility may divert marine seawater must be located in
3745	3752		a diversion zone designated by the commission under rules adopted
3746	3753		under this subsection if:
3747	3754		(1) the facility is authorized by a permit as required
3748	3755		by Subsection (a) issued after the rules are adopted; or
3749	3756		(2) the facility is exempt under Subsection (b) from
3750	3757		the requirement of a permit and construction of the facility begins
3751	3758		after the rules are adopted.
3752	3759		SECTION 19.17. Sections 18.005(c), (d), and (g), Water
3753	3760		Code, are amended to read as follows:
3754	3761		(c) A person must obtain a permit to discharge:
3755	3762		(1) treated marine seawater into a natural stream in
3756	3763		this state or a lake, reservoir, or other impoundment in this state;
3757	3764		or
3758	3765		(2) waste resulting from the desalination of treated
3759	3766		marine seawater into the Gulf of America [Gulf of Mexico].
3760	3767		(d) A person shall:
3761	3768		(1) treat marine seawater so as to meet standards that
3762	3769		are at least as stringent as the water quality standards adopted by
3763	3770		the commission applicable to the receiving stream or impoundment
3764	3771		before discharging the seawater under this section; and
3765	3772		(2) comply with all applicable state and federal
3766	3773		requirements when discharging waste resulting from the
3767	3774		desalination of marine seawater into the Gulf of America [Gulf of
3768	3775		Mexico].
3769	3776		(g) The Parks and Wildlife Department and the General Land
3770	3777		Office jointly shall conduct a study to identify zones in the Gulf
3771	3778		of America [Gulf of Mexico] that are appropriate for the discharge
3772	3779		of waste resulting from the desalination of marine seawater, taking
3773	3780		into account the need to protect marine organisms. Not later than
3774	3781		September 1, 2018, the Parks and Wildlife Department and the
3775	3782		General Land Office shall submit a report on the results of the
3776	3783		study to the commission. The report must include recommended
3777	3784		discharge zones for designation by the commission. Not later than
3778	3785		September 1, 2020, the commission by rule shall designate
3779	3786		appropriate discharge zones. The point at which a facility may
3780	3787		discharge waste resulting from the desalination of marine seawater
3781	3788		must be located in a discharge zone designated by the commission
3782	3789		under rules adopted under this subsection if the facility is
3783	3790		authorized by a permit issued under Subsection (c)(2) after the
3784	3791		rules are adopted.
3785	3792		SECTION 19.18. Section 26.001(5), Water Code, is amended to
3786	3793		read as follows:
3787	3794		(5) "Water" or "water in the state" means groundwater,
3788	3795		percolating or otherwise, lakes, bays, ponds, impounding
3789	3796		reservoirs, springs, rivers, streams, creeks, estuaries, wetlands,
3790	3797		marshes, inlets, canals, the Gulf of America [Gulf of Mexico],
3791	3798		inside the territorial limits of the state, and all other bodies of
3792	3799		surface water, natural or artificial, inland or coastal, fresh or
3793	3800		salt, navigable or nonnavigable, and including the beds and banks
3794	3801		of all watercourses and bodies of surface water, that are wholly or
3795	3802		partially inside or bordering the state or inside the jurisdiction
3796	3803		of the state.
3797	3804		SECTION 19.19. Sections 26.0272(b) and (c), Water Code, are
3798	3805		amended to read as follows:
3799	3806		(b) The commission may issue a permit for the discharge of
3800	3807		water treatment residuals from the desalination of seawater into
3801	3808		the portion of the Gulf of America [Gulf of Mexico] inside the
3802	3809		territorial limits of the state.
3803	3810		(c) Before issuing a permit under this section, the
3804	3811		commission must evaluate the discharge of water treatment residuals
3805	3812		from the desalination of seawater into the Gulf of America [Gulf of
3806	3813		Mexico] for compliance with the state water quality standards
3807	3814		adopted by the commission, the requirements of the Texas Pollutant
3808	3815		Discharge Elimination System program, and applicable federal law.
3809	3816		SECTION 19.20. Sections 26.044(a)(4), Water Code, are
3810	3817		amended to read as follows:
3811	3818		(4) "Surface water in the state" means all lakes,
3812	3819		bays, ponds, impounding reservoirs, springs, rivers, streams,
3813	3820		creeks, estuaries, marshes, inlets, canals, the Gulf of America
3814	3821		[Gulf of Mexico] out three nautical miles into the Gulf, and all
3815	3822		other bodies of surface water, natural or artificial, inland or
3816	3823		coastal, fresh or salt, navigable or nonnavigable, and including
3817	3824		the beds and banks of all watercourses and bodies of surface water,
3818	3825		that are wholly or partially inside or bordering the state or inside
3819	3826		the jurisdiction of the state, except waters beyond three nautical
3820	3827		miles of any shore in the state.
3821	3828		SECTION 19.21. Section 27.040, Water Code, is amended to
3822	3829		read as follows:
3823	3830		Sec. 27.040. DEFINITION. In this subchapter, "offshore"
3824	3831		means the area in the Gulf of America [Gulf of Mexico] seaward of
3825	3832		the coast that is within three marine leagues of the coast.
3826	3833		SECTION 19.22. Section 28.001(4), Water Code, is amended to
3827	3834		read as follows:
3828	3835		(4) "Water" or "water in the state" means groundwater,
3829	3836		percolating or otherwise, lakes, bays, ponds, impounding
3830	3837		reservoirs, springs, rivers, streams, creeks, estuaries, marshes,
3831	3838		inlets, canals, the Gulf of America [Gulf of Mexico] inside the
3832	3839		territorial limits of the state, and all other bodies of natural and
3833	3840		artificial surface water that is inland or coastal, fresh or salt,
3834	3841		and navigable or nonnavigable, and includes the beds and banks of
3835	3842		all watercourses and bodies of surface water, that are wholly or
3836	3843		partially inside or bordering the state or inside the jurisdiction
3837	3844		of the state.
3838	3845		SECTION 19.23. Section 31.001(11), Water Code, is amended
3839	3846		to read as follows:
3840	3847		(11) "Water" or "water in the state" means
3841	3848		groundwater, percolating or otherwise, lakes, bays, ponds,
3842	3849		impounding reservoirs, springs, rivers, streams, creeks,
3843	3850		estuaries, marshes, inlets, canals, the Gulf of America [Gulf of
3844	3851		Mexico] inside the territorial limits of the state, and all other
3845	3852		bodies of natural and artificial surface water that are inland or
3846	3853		coastal, fresh or salt, and navigable or nonnavigable and includes
3847	3854		the beds and banks of all watercourses and bodies of surface water
3848	3855		that are wholly or partially inside or bordering the state or inside
3849	3856		the jurisdiction of the state.
3850	3857		SECTION 19.24. Section 36.001(23), Water Code, is amended
3851	3858		to read as follows:
3852	3859		(23) "River basin" means a river or coastal basin
3853	3860		designated as a river basin by the board under Section 16.051. The
3854	3861		term does not include waters of the bays or arms originating in the
3855	3862		Gulf of America [Gulf of Mexico].
3856	3863		SECTION 19.25. Section 49.2127(b), Water Code, is amended
3857	3864		to read as follows:
3858	3865		(b) This section applies only to a district whose territory
3859	3866		is located wholly or partly in a county:
3860	3867		(1) located on the Gulf of America [Gulf of Mexico] and
3861	3868		an international border; or
3862	3869		(2) adjacent to a county described by Subdivision (1).
3863	3870		SECTION 19.26. Section 49.502, Water Code, is amended to
3864	3871		read as follows:
3865	3872		Sec. 49.502. APPLICABILITY. This subchapter applies only
3866	3873		to a district, other than a drainage district, located wholly or
3867	3874		partly in a county:
3868	3875		(1) that borders the Gulf of America [Gulf of Mexico]
3869	3876		and the United Mexican States; or
3870	3877		(2) that is adjacent to a county described by
3871	3878		Subdivision (1).
3872	3879		SECTION 19.27. Section 54.235, Water Code, is amended to
3873	3880		read as follows:
3874	3881		Sec. 54.235. AUTHORITY TO CONTRACT. Any district created
3875	3882		by general law or special act of the legislature in existence for at
3876	3883		least 10 years which lies within a county that borders on the Gulf
3877	3884		of America [Gulf of Mexico] and that has a population of 190,000 and
3878	3885		which has the powers of this chapter and which also has or is
3879	3886		authorized to acquire road utility district powers pursuant to
3880	3887		Section 54.234, of this code, may contract with the county within
3881	3888		which it is located with respect to the ownership, maintenance, and
3882	3889		operation of any facilities or improvements which such district is
3883	3890		authorized or may be authorized to acquire by purchase, gift,
3884	3891		lease, or otherwise, except by condemnation, any and all property
3885	3892		or interests in property, whether real, personal, or mixed,
3886	3893		tangible or intangible, located inside or outside such county, that
3887	3894		are found to be necessary for such improvements or facilities. Such
3888	3895		county may enter into contracts with such districts as permitted by
3889	3896		this section for any term of years not exceeding 40 for the
3890	3897		management and operation of any or all of such property and
3891	3898		interests in property on such terms as the commissioners court of
3892	3899		such county deems appropriate.
3893	3900		SECTION 19.28. Section 60.039(c), Water Code, is amended to
3894	3901		read as follows:
3895	3902		(c) This subsection applies only to a district that operates
3896	3903		a port in this state that is wholly located in a county that borders
3897	3904		the Gulf of America [Gulf of Mexico] and that is adjacent to a
3898	3905		county that contains an international border and borders the Gulf
3899	3906		of America [Gulf of Mexico]. The district may lease the surface of
3900	3907		land for not more than 99 years or may extend a lease to a period not
3901	3908		to exceed 99 years only if:
3902	3909		(1) the lease conveys an interest in the surface of the
3903	3910		land for residential purposes only;
3904	3911		(2) at the time the lease will be entered into or
3905	3912		extended, the district has not less than 50 leases in effect that
3906	3913		convey an interest in the land surface for residential purposes
3907	3914		only; and
3908	3915		(3) any part of the land owned by the district is
3909	3916		subdivided into lots intended for residential use.
3910	3917		SECTION 19.29. Section 61.151(a), Water Code, is amended to
3911	3918		read as follows:
3912	3919		(a) A district created for the development of deep-water
3913	3920		navigation which includes a city with a population of more than
3914	3921		100,000, according to the last preceding federal census, may
3915	3922		operate and develop ports and waterways inside the district and
3916	3923		extending to the Gulf of America [Gulf of Mexico].
3917	3924		SECTION 19.30. Section 63.156(a), Water Code, is amended to
3918	3925		read as follows:
3919	3926		(a) The district may exercise the power of eminent domain to
3920	3927		condemn and acquire the right-of-way over and through any public or
3921	3928		private land necessary to improve any river, bay, creek, or arm of
3922	3929		the Gulf of America [Gulf of Mexico] for the construction and
3923	3930		maintenance of any canal or waterway and for any other purpose
3924	3931		authorized by this chapter.
3925	3932		SECTION 19.31. Section 63.157, Water Code, is amended to
3926	3933		read as follows:
3927	3934		Sec. 63.157. AUTHORITY OVER IMPROVEMENTS. A district may
3928	3935		acquire, purchase, take over, construct, maintain, operate,
3929	3936		develop, and regulate wharves, docks, warehouses, grain elevators,
3930	3937		bunkering facilities, belt railroads, floating plants, literage,
3931	3938		lands, towing facilities, and all other facilities or aids incident
3932	3939		to or necessary to the operation or development of ports or
3933	3940		waterways inside the district extending to the Gulf of America
3934	3941		[Gulf of Mexico].
3935	3942		ARTICLE 20. TRANSITION AND EFFECTIVE DATE
3936	3943		SECTION 20.01. To the extent of any conflict, this Act
3937	3944		prevails over another Act of the 89th Legislature, Regular Session,
3938	3945		2025, relating to nonsubstantive additions to and corrections in
3939	3946		enacted codes.
3940	3947		SECTION 20.02. This Act takes effect immediately if it
3941	3948		receives a vote of two-thirds of all the members elected to each
3942	3949		house, as provided by Section 39, Article III, Texas Constitution.
3943	3950		If this Act does not receive the vote necessary for immediate
3944	3951		effect, this Act takes effect September 1, 2025.
	3952	+	* * * * *
3945	3953
3946	3954
3947	3955
3948	3956
3949	3957
3950	3958
3951	3959
3952	3960		__ Range __ Oven __ Microwave
3953	3961
3954	3962
3955	3963
3956	3964		__ Dishwasher __ Trash Compactor __ Disposal
3957	3965
3958	3966
3959	3967
3960	3968		__ Washer/Dryer __ Window __ Rain Gutters
3961	3969
3962	3970
3963	3971
3964	3972		Hookups Screens
3965	3973
3966	3974
3967	3975
3968	3976		__ Security __ Fire Detection __ Intercom
3969	3977
3970	3978
3971	3979
3972	3980		System Equipment System
3973	3981
3974	3982
3975	3983
3976	3984		__ Smoke Detector
3977	3985
3978	3986
3979	3987
3980	3988		__ Smoke Detector -
3981	3989
3982	3990
3983	3991
3984	3992		Hearing Impaired
3985	3993
3986	3994
3987	3995
3988	3996		__ Carbon Monoxide
3989	3997
3990	3998
3991	3999
3992	4000		Alarm
3993	4001
3994	4002
3995	4003
3996	4004		__ Emergency Escape
3997	4005
3998	4006
3999	4007
4000	4008		Ladder(s)
4001	4009
4002	4010
4003	4011
4004	4012		__ TV Antenna __ Cable TV __ Satellite
4005	4013
4006	4014
4007	4015
4008	4016		Wiring Dish
4009	4017
4010	4018
4011	4019
4012	4020		__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
4013	4021
4014	4022
4015	4023
4016	4024		Fan(s)
4017	4025
4018	4026
4019	4027
4020	4028		__ Central A/C __ Central Heating __ Wall/Window
4021	4029
4022	4030
4023	4031
4024	4032		Air
4025	4033
4026	4034
4027	4035
4028	4036		Conditioning
4029	4037
4030	4038
4031	4039
4032	4040		__ Plumbing System __ Septic System __ Public Sewer
4033	4041
4034	4042
4035	4043
4036	4044		System
4037	4045
4038	4046
4039	4047
4040	4048		__ Patio/Decking __ Outdoor Grill __ Fences
4041	4049
4042	4050
4043	4051
4044	4052		__ Pool __ Sauna __ Spa
4045	4053
4046	4054
4047	4055
4048	4056		__ Hot Tub
4049	4057
4050	4058
4051	4059
4052	4060		__ Pool Equipment __ Pool Heater __ Automatic Lawn
4053	4061
4054	4062
4055	4063
4056	4064		Sprinkler
4057	4065
4058	4066
4059	4067
4060	4068		System
4061	4069
4062	4070
4063	4071
4064	4072		__ Fireplace(s) & __ Fireplace(s) &
4065	4073
4066	4074
4067	4075
4068	4076		Chimney Chimney
4069	4077
4070	4078
4071	4079
4072	4080		(Woodburning) (Mock)
4073	4081
4074	4082
4075	4083
4076	4084		__ Natural Gas Lines __ Gas Fixtures
4077	4085
4078	4086
4079	4087
4080	4088		__ Liquid Propane Gas: __ LP Community __ LP on Property
4081	4089
4082	4090
4083	4091
4084	4092		(Captive)
4085	4093
4086	4094
4087	4095
4088	4096		__ Fuel Gas Piping: __ Black Iron Pipe __ Corrugated
4089	4097
4090	4098
4091	4099
4092	4100		__ Copper Stainless Steel
4093	4101
4094	4102
4095	4103
4096	4104		Tubing
4097	4105
4098	4106
4099	4107
4100	4108		Garage: __ Attached __ Not Attached __ Carport
4101	4109
4102	4110
4103	4111
4104	4112		Garage Door Opener(s): __ Electronic __ Control(s)
4105	4113
4106	4114
4107	4115
4108	4116		Water Heater: __ Gas __ Electric
4109	4117
4110	4118
4111	4119
4112	4120		Water Supply: __ City __ Well __ MUD __ Co-op
4113	4121
4114	4122
4115	4123
4116	4124
4117	4125
4118	4126
4119	4127
4120	4128		__ Interior Walls __ Ceilings __ Floors
4121	4129
4122	4130
4123	4131
4124	4132		__ Exterior Walls __ Doors __ Windows
4125	4133
4126	4134
4127	4135
4128	4136		__ Roof __ Foundation/ __ Basement
4129	4137
4130	4138
4131	4139
4132	4140		Slab(s)
4133	4141
4134	4142
4135	4143
4136	4144		__ Walls/Fences __ Driveways __ Sidewalks
4137	4145
4138	4146
4139	4147
4140	4148		__ Plumbing/Sewers/ __ Electrical __ Lighting
4141	4149
4142	4150
4143	4151
4144	4152		Septics Systems Fixtures
4145	4153
4146	4154
4147	4155
4148	4156
4149	4157
4150	4158
4151	4159
4152	4160		__ Active Termites __ Previous Structural
4153	4161
4154	4162
4155	4163
4156	4164		(includes or Roof Repair
4157	4165
4158	4166
4159	4167
4160	4168		wood-destroying insects)
4161	4169
4162	4170
4163	4171
4164	4172		__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
4165	4173
4166	4174
4167	4175
4168	4176		Needing Repair
4169	4177
4170	4178
4171	4179
4172	4180		__ Previous Termite Damage __ Asbestos Components
4173	4181
4174	4182
4175	4183
4176	4184		__ Previous Termite __ Urea formaldehyde
4177	4185
4178	4186
4179	4187
4180	4188		Treatment Insulation
4181	4189
4182	4190
4183	4191
4184	4192		__ Radon Gas
4185	4193
4186	4194
4187	4195
4188	4196		__ Improper Drainage __ Lead Based Paint
4189	4197
4190	4198
4191	4199
4192	4200		__ Water Damage Not Due to a __ Aluminum Wiring
4193	4201
4194	4202
4195	4203
4196	4204		Flood Event
4197	4205
4198	4206
4199	4207
4200	4208		__ Previous Fires
4201	4209
4202	4210
4203	4211
4204	4212
4205	4213
4206	4214
4207	4215
4208	4216		__ Unplatted Easements
4209	4217
4210	4218
4211	4219
4212	4220
4213	4221
4214	4222
4215	4223
4216	4224		__ Landfill, Settling, Soil __ Subsurface
4217	4225
4218	4226
4219	4227
4220	4228		Movement, Fault Lines Structure or Pits
4221	4229
4222	4230
4223	4231
4224	4232		__ Single Blockable Main __ Previous Use of Premises
4225	4233
4226	4234
4227	4235
4228	4236		Drain in Pool/Hot for Manufacture of
4229	4237
4230	4238
4231	4239
4232	4240		Tub/Spa* Methamphetamine
4233	4241
4234	4242
4235	4243
4236	4244
4237	4245
4238	4246
4239	4247
4240	4248		__ 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.
4241	4249
4242	4250
4243	4251
4244	4252		__ Homeowners' Association or maintenance fees or assessments.
4245	4253
4246	4254
4247	4255
4248	4256		__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
4249	4257
4250	4258
4251	4259
4252	4260		__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
4253	4261
4254	4262
4255	4263
4256	4264		__ Any lawsuits directly or indirectly affecting the Property.
4257	4265
4258	4266
4259	4267
4260	4268		__ Any condition on the Property which materially affects the physical health or safety of an individual.
4261	4269
4262	4270
4263	4271
4264	4272		__ 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.
4265	4273
4266	4274
4267	4275
4268	4276		__ Any portion of the property that is located in a groundwater conservation district or a subsidence district.
4269	4277
4270	4278
4271	4279
4272	4280
4273	4281
4274	4282
4275	4283
4276	4284		Florida $3,500.00
4277	4285
4278	4286
4279	4287
4280	4288		Alabama 1,000.00
4281	4289
4282	4290
4283	4291
4284	4292		Mississippi 1,000.00
4285	4293
4286	4294
4287	4295
4288	4296		Louisiana 5,000.00
4289	4297
4290	4298
4291	4299
4292	4300		Texas 2,500.00
4293	4301
4294	4302
4295	4303
4296	4304		Total $13,000.00