CHAPTER 33. MANAGEMENT OF COASTAL PUBLIC LAND
NATURAL RESOURCES CODE
TITLE 2. PUBLIC DOMAIN
SUBTITLE C. ADMINISTRATION
CHAPTER 33. MANAGEMENT OF COASTAL PUBLIC LAND
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 33.001. POLICY. (a) The surface estate in the coastal
public land of this state constitutes an important and valuable
asset dedicated to the permanent school fund and to all the
people of Texas, and it is the declared policy of this state that
the estate be managed pursuant to the policies stated in the
following subsections of this section.
(b) The natural resources of the surface estate in coastal
public land shall be preserved. These resources include the
natural aesthetic values of those areas and the value of the
areas in their natural state for the protection and nurture of
all types of marine life and wildlife.
(c) Uses which the public at large may enjoy and in which the
public at large may participate shall take priority over those
uses which are limited to fewer individuals.
(d) The public interest in navigation in the intracoastal water
shall be protected.
(e) Unauthorized use of coastal public land shall be prevented.
(f) Utilization and development of the surface estate in the
coastal public land shall not be allowed unless the public
interest as expressed by this chapter is not significantly
impaired by it.
(g) For the purposes of this chapter, the surface estate in
coastal public land shall not be alienated except by the granting
of leaseholds and lesser interests and by exchanges of coastal
public land for littoral property as provided in this chapter.
(h) Vested rights in land shall be protected, subject to the
paramount authority of the state in the exercise of police powers
to regulate the exercise of these rights, and the orderly use of
littoral property in a manner consistent with the public policy
of this state shall not be impaired.
Acts 1977, 65th Leg., p. 2382, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.002. PURPOSE. The purpose of this chapter is to
implement the policies stated in Section 33.001 by delegating to
the board, assisted by the appropriate staff of the land office,
certain responsibilities and duties with respect to the
management of the surface estate in coastal public land.
Acts 1977, 65th Leg., p. 2383, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 1, eff. September 1, 2007.
Sec. 33.003. SHORT TITLE. This chapter may be cited as the
Coastal Public Lands Management Act of 1973.
Acts 1977, 65th Leg., p. 2383, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.004. DEFINITIONS. In this chapter:
(1) "Land office" means the General Land Office.
(2) "Commissioner" means the Commissioner of the General Land
Office.
(3) "Board" means the School Land Board.
(4) "Person" means any individual, firm, partnership,
association, corporation which is public or private and profit or
nonprofit, trust, or political subdivision or agency of the
state.
(5) "Coastal area" means the geographic area comprising all the
counties in Texas which have any tidewater shoreline, including
that portion of the bed and water of the Gulf of Mexico within
the jurisdiction of the State of Texas.
(6) "Coastal public land" means all or any portion of
state-owned submerged land, the water overlying that land, and
all state-owned islands or portions of islands in the coastal
area.
(7) "Island" means any body of land surrounded by the water of a
saltwater lake, bay, inlet, estuary, or inland body of water
within the tidewater limits of this state and shall include
man-made islands resulting from dredging or other operations.
(8) "Management program" means the coastal management program
provided by this chapter.
(9) "Seaward" means the direction away from the shore and toward
the body of water bounded by the shore.
(10) "Structure" means any structure, work, or improvement
constructed on, affixed to, or worked on coastal public land,
including fixed or floating piers, wharves, docks, jetties,
groins, breakwaters, artificial reefs, fences, posts, retaining
walls, levees, ramps, cabins, houses, shelters, landfills,
excavations, land canals, channels, and roads.
(11) "Submerged land" means any land extending from the boundary
between the land of the state and the littoral owners seaward to
the low-water mark on any saltwater lake, bay, inlet, estuary, or
inland water within the tidewater limits, and any land lying
beneath the body of water, but for the purposes of this chapter
only, shall exclude beaches bordering on and the water of the
open Gulf of Mexico and the land lying beneath this water.
(12) "Littoral owner," in this chapter only, means the owner of
any public or private upland bordered by or contiguous to coastal
public land.
(13) "Council" means the Coastal Coordination Council.
(14) "Coastal zone" means the portion of the coastal area
located within the boundaries established by the coastal
management program under Section 33.053(a)(1).
(15) "Network" means the Texas Coastal Ocean Observation
Network.
Acts 1977, 65th Leg., p. 2383, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1995, 74th Leg., ch. 416, Sec. 1,
eff. June 8, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
719, Sec. 1, eff. June 17, 2005.
Sec. 33.005. EFFECT OF CHAPTER. (a) This subchapter does not
repeal Subchapter B, Chapter 436, Health and Safety Code, or the
following provisions of the Parks and Wildlife Code: Chapters 83
and 86, Subchapter A of Chapter 46, Subchapter A of Chapter 76,
Subchapter B of Chapter 81, Subchapter G of Chapter 82,
Subchapter C of Chapter 216, or Sections 66.101, 66.107, 66.112
through 66.118, 66.205, 76.031 through 76.036, 78.001 through
78.003, 81.002, 136.047, 184.024, 201.015, or 335.025.
(b) None of the provisions of this chapter may be construed to
alter, amend, or revoke any existing right granted pursuant to
any law.
Acts 1977, 65th Leg., p. 2384, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 14, Sec.
284(100), eff. Sept. 1, 1991.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 33.011. BOARD TO ADMINISTER, IMPLEMENT, AND ENFORCE
CHAPTER. The board is the executive agency of the state charged
with the administration, implementation, and enforcement of this
chapter.
Acts 1977, 65th Leg., p. 2384, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.012. LAND OFFICE TO ASSIST BOARD. The appropriate staff
of the land office shall assist the board in the discharge of its
responsibilities and duties under this chapter.
Acts 1977, 65th Leg., p. 2384, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 1, eff. September 1, 2007.
Sec. 33.013. ADDITIONAL PERSONNEL. The commissioner may employ
any additional personnel in the land office that may be necessary
for the board to perform effectively its functions under this
chapter.
Acts 1977, 65th Leg., p. 2384, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.015. SPECIAL ACCOUNT. (a) A dedicated account is
created, and money received by the board for the grant of permits
under this chapter shall be deposited in the State Treasury to
the credit of this dedicated account.
(b) Sections 403.094(h) and 403.095(b), Government Code, do not
apply to the dedicated account created under this section.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 991, Sec. 9,
eff. Sept. 1, 1993.
Sec. 33.016. DISPOSITION OF OTHER FUNDS. Money received by the
board for the grant of any interest not under Section 33.015 of
this code shall be deposited in the State Treasury to the credit
of the permanent school fund.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 328, Sec. 5,
eff. Jan. 1, 2004.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 33.051. GENERAL DUTY. The board, the council, the land
office, and the network shall perform the duties provided in this
subchapter.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 33,
eff. June 7, 1991; Acts 1995, 74th Leg., ch. 416, Sec. 2, eff.
June 8, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
719, Sec. 2, eff. June 17, 2005.
Sec. 33.052. DEVELOPMENT OF COASTAL MANAGEMENT PROGRAM. (a)
The commissioner shall develop a continuing comprehensive coastal
management program pursuant to the policies stated in Section
33.202 of this code. The program is not effective until approved
by a majority of the council under Section 33.204 of this code.
Text of subsec. (b) as amended by Acts 1995, 74th Leg., ch. 165,
Sec. 22(52)
(b) In developing the program, the land office shall act as the
lead agency to coordinate and develop a long-term plan for the
management of uses affecting coastal conservation areas, in
cooperation with other state agencies that have duties relating
to coastal matters, including the Parks and Wildlife Department,
the attorney general's office, the Texas Natural Resource
Conservation Commission, the Texas Water Development Board, the
Texas Department of Transportation, and the Railroad Commission
of Texas. The plan shall implement the policies stated in Section
33.001 of this code and shall include the elements listed in
Section 33.053 of this code.
Text of subsec. (b) as amended by Acts 1995, 74th Leg., ch. 416,
Sec. 2
(b) In developing the program, the land office shall act as the
lead agency to coordinate and develop a long-term plan for the
management of uses affecting coastal natural resource areas, in
cooperation with other state agencies that have duties relating
to coastal matters, including those agencies represented on the
council. The program shall implement the policies stated in
Section 33.202 of this code and shall include the elements listed
in Section 33.053 of this code.
(c) The council may appoint and establish procedures for an
advisory committee to advise the council and the land office on
coastal management issues. The advisory committee may only
include persons with expertise in coastal matters. A member of
the advisory committee serves at the pleasure of the council. A
member is not entitled to compensation for services performed as
a member of the committee but may receive reimbursement from land
office funds for actual and necessary expenses incurred in
attending meetings of the advisory committee.
(d) For purposes of Subsections (a) and (b) of this section,
"coastal natural resource areas" has the meaning assigned by
Section 33.203 of this code.
(e) This section does not add to or subtract from the duties and
responsibilities of a state agency other than the land office,
the council, and the board.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1989, 71st Leg., ch. 1145, Sec. 1,
eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 295, Sec. 34, eff.
June 7, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.263, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 165, Sec. 22(52), eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 416, Sec. 2, eff. June
8, 1995; Acts 2001, 77th Leg., ch. 70, Sec. 1, eff. Sept. 1,
2001.
Sec. 33.053. ELEMENTS OF COASTAL MANAGEMENT PROGRAM. (a) The
coastal management program, in compliance with the Coastal Zone
Management Act of 1972 (16 U.S.C. Section 1451 et seq.), shall
include the following elements:
(1) an identification of the boundaries of the coastal zone
subject to the coastal management program as provided by Section
33.2053(k);
(2) a continuous analysis of the potential uses for the land and
water within the coastal zone, including recommendations as to
which configurations of uses consonant with the policies of this
chapter maximize the benefits conferred on the present and future
citizens of Texas;
(3) guidelines on the priority of uses within the coastal zone,
including specifically those uses of lowest priority;
(4) a list of the uses of the land and water within the coastal
zone that are permissible under state law and under agency or
subdivision actions described by Sections 33.2051 and 33.2053 and
that would have a direct and significant impact on the coastal
waters;
(5) recommendations as to increments of jurisdiction or
authority necessary to protect land and water within the coastal
zone from direct and significant detrimental consequences flowing
from the uses of adjacent land;
(6) an inventory of designated coastal natural resource areas,
as defined by Section 33.203, in the coastal zone;
(7) a description of the organizational structure by which the
coastal management program is implemented and administered;
(8) a compilation of state constitutional provisions, laws,
rules, and judicial decisions under which the state proposes to
exercise control over the uses of land and water described by
Subdivision (4);
(9) a list of each agency or subdivision action, as described by
Sections 33.2051 and 33.2053, that may have a direct and
significant detrimental impact on coastal natural resource areas;
(10) a list of each federal agency action or activity and each
outer continental shelf plan that may have a direct and
significant detrimental impact on coastal natural resource areas;
(11) a procedure, as described under Sections 33.205, 33.2051,
33.2052, 33.2053, 33.206, 33.208, and 33.209, for determining the
consistency of an agency or subdivision action or a federal
agency action or activity or outer continental shelf plan with
the goals and policies of the coastal management program;
(12) a definition of "gulf beach," as defined by Section 33.203,
and a description of the statutory planning process or program
for protection of and access to public beaches and other public
coastal areas of environmental, recreational, historical,
aesthetic, ecological, or cultural value;
(13) a description of the statutory planning process or program
for energy facilities likely to be located in, or that may
directly and significantly affect, the coastal zone;
(14) a description of the statutory planning process or program
for:
(A) assessing the effects of shoreline erosion;
(B) studying and evaluating ways to control or reduce the impact
of shoreline erosion; and
(C) restoring areas detrimentally affected by shoreline erosion;
(15) a description of the state's statutory program regulating
nonpoint source water pollution, as it relates to the coastal
zone; and
(16) an explanation of the relationship of specific policies of
the coastal management program to:
(A) protection of resources;
(B) management of coastal development; and
(C) simplification of governmental procedures.
(b) For purposes of Subsections (a)(9) and (a)(11), "agency or
subdivision action" has the meaning assigned by Section 33.203.
(c) For purposes of Subsections (a)(10) and (a)(11), "federal
agency action," "federal agency activity," and "outer continental
shelf plan" have the meanings assigned by Section 33.203.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1995, 74th Leg., ch. 416, Sec. 2,
eff. June 8, 1995.
Sec. 33.054. REVIEW AND AMENDMENT OF MANAGEMENT PROGRAM. The
commissioner may review the management program periodically and
may amend the management program as new information or changed
conditions may warrant.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 35,
eff. June 7, 1991.
Sec. 33.055. PUBLIC HEARINGS TO CONSIDER COASTAL MANAGEMENT
PROGRAM. In developing, reviewing, or amending the coastal
management program, after due notice to affected persons and the
public generally, the commissioner and the council shall hold or
have held public hearings as the commissioner and the council
determine to be appropriate.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 36,
eff. June 7, 1991; Acts 1995, 74th Leg., ch. 416, Sec. 2, eff.
June 8, 1995.
Sec. 33.056. STRUCTURES ON LAND ADJACENT TO COASTAL PUBLIC LAND.
(a) On receipt of appropriate applications, the board shall
register existing structures extending on coastal public land
from adjacent land not owned by the state.
(b) Insofar as consonant with the policies of this chapter, the
board may regulate the placement, length, design, and the manner
of construction, maintenance, and the use of all structures which
are built so that they extend on coastal public land from
adjacent land not owned by the state.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.057. GIFTS OF INTERESTS IN LAND. (a) The board may
accept gifts of interests in land, and these interests shall
become part of the permanent school fund unless otherwise
designated by the grantor.
(b) At the discretion of the board, the land may be managed as
if it were coastal public land within the meaning of this
chapter.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.058. PURCHASE OF FEE AND LESSER INTERESTS IN LAND. (a)
The board may select and purchase fee and lesser interests in
land of the coastal area for the creation, maintenance, or
protection of wildlife refuges, estuarine preserves, natural
scenic reserves, historical or archaeological sites, public
recreational areas, and research facilities.
(b) The interests may be purchased by the board with money
acquired by gift or grant, but the interests may not be obtained
by condemnation.
(c) Interests acquired under this section shall not become a
part of the permanent free school fund unless they are so
designated by the board.
(d) In the discretion of the board, the interests may be managed
as if they were coastal public land within the meaning of this
chapter regardless of whether they fall within the meaning of
coastal public land.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.059. STUDIES. The board may study various coastal
engineering problems, including the protection of the shoreline
against erosion, the design and use of piers, groins, seawalls,
and jetties, and the effects of various structures, works, and
improvements on the physical and biological systems of the
coastal public land.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.060. LOCATING AND MARKING BOUNDARIES. The board may
locate and have marked on the ground the boundaries separating
coastal public land from other land.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.061. COMPLAINTS. (a) The board shall receive and
evaluate any complaint or report from any person concerning
instances of unauthorized construction, maintenance, use, or
assertion of control of any structure on coastal public land.
(b) The board shall refer to the attorney general all cases
warranting judicial remedies, and the attorney general shall
immediately initiate judicial proceedings for the appropriate
relief.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.062. DESIGNATED OFFICIAL REPRESENTATIVE. The board is
designated and shall serve as the official representative of the
governor of the state to conduct with the federal government any
business concerning any matter affecting the coastal public land
which arises out of the exercise by the federal government of any
authority it may have over navigable water under the Constitution
of the United States.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.063. FEES. The board may prescribe reasonable filing
fees and fees for granting leases, easements, permits, and other
interests in or rights to use coastal public land.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 1, eff. September 1, 2007.
Sec. 33.064. RULES. The board may adopt procedural and
substantive rules which it considers necessary to administer,
implement, and enforce this chapter.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.065. TEXAS COASTAL OCEAN OBSERVATION NETWORK. (a) The
Texas Coastal Ocean Observation Network is a cooperative project
of Texas A&M University--Corpus Christi, Lamar University,
the Texas Water Development Board, and the land office.
(b) The network shall collect data on natural processes
affecting the coast for the purpose of studying, planning for,
and managing human uses of the coast as they are affected by
those natural processes.
(c) The participating state entities shall coordinate the
project with the United States Army Corps of Engineers, the
National Oceanic and Atmospheric Administration, and other
appropriate entities, including private entities.
(d) The participating state entities may contract and enter into
agreements with the United States Army Corps of Engineers, the
National Oceanic and Atmospheric Administration, and other
appropriate entities, including private entities, as necessary to
carry out their duties under this section.
Added by Acts 2005, 79th Leg., Ch.
719, Sec. 3, eff. June 17, 2005.
SUBCHAPTER D. RIGHTS IN COASTAL PUBLIC LAND
Sec. 33.101. APPLICATION TO ACQUIRE RIGHTS IN COASTAL PUBLIC
LAND. Any person who desires to acquire rights in the surface
estate in any coastal public land shall make application to the
board in writing in the form prescribed by the board.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.102. CONTENTS OF APPLICATION. The application to
acquire rights in coastal public land shall include any
information the board considers necessary to process the
application, including information necessary to evaluate the
purpose for which the land is to be used.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 1, eff. September 1, 2007.
Sec. 33.103. INTERESTS WHICH MAY BE GRANTED BY THE BOARD. (a)
The board may grant the following interests in coastal public
land for the indicated purposes:
(1) leases for public purposes;
(2) easements for purposes connected with:
(A) ownership of littoral property; or
(B) the operation of a facility operated by an existing channel
and dock corporation that was issued articles of incorporation
under Chapters 13 and 14, Title 32, Revised Statutes;
(3) permits authorizing limited continued use of previously
unauthorized structures on coastal public land not connected with
ownership of littoral property;
(4) channel easements to the holder of any surface or mineral
interest in coastal public land for purposes necessary or
appropriate to the use of the interests; and
(5) subject to Section 33.001(g), any other interest in coastal
public land for any purpose if the board determines that the
grant is in the best interest of the state.
(b) The board may not grant any interest in land within 2,500
feet of a military base unless the commissioner or the
commissioner's designee, after consultation with appropriate
military authorities, determines that the grant will not
adversely affect the mission of the military base.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 923, Sec. 1,
eff. Aug. 26, 1985; Acts 2003, 78th Leg., ch. 149, Sec. 12, eff.
May 27, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 2, eff. September 1, 2007.
Sec. 33.104. DETERMINATION OF TERMS OF GRANT; CONSUMMATION OF
TRANSACTION. If the board approves the application, the board
shall determine the terms, conditions, and consideration for the
grant of an interest in or right to use coastal public land and
may consummate the transaction.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 3, eff. September 1, 2007.
Sec. 33.105. PERSONS TO WHOM INTEREST IN LAND MAY BE GRANTED.
The board may grant to any person an interest in coastal public
land if the board determines that the grant is in the best
interest of the state.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 3, eff. September 1, 2007.
Sec. 33.106. POLICIES, PROVISIONS, AND CONDITIONS OF LEASES. In
addition to policies generally applicable under this chapter,
leases granted under this subchapter shall be subject to the
policies, provisions, and conditions stated in Sections 33.107
through 33.110 of this code.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.107. PROTECTION OF RIGHTS. The littoral rights of the
adjacent upland owner shall be protected in a lease.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.108. RIGHTS OF THE PUBLIC. Members of the public may
not be excluded from coastal public land leased for public
recreational purposes or from an estuarine preserve.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.109. COUNTIES AND CITIES ELIGIBLE TO LEASE COASTAL
PUBLIC LAND. (a) A county is eligible to apply for a lease of
coastal public land inside the county and outside the boundaries
of any incorporated city, town, or village for public
recreational purposes.
(b) An incorporated city, town, or village is eligible to lease
coastal public land within its corporate boundaries for public
recreational purposes.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.110. CONTRACTS AND FRANCHISES. (a) With the approval
of the board, a lessee granted a lease for public recreational
purposes may enter into contracts and franchise agreements to
promote public recreation.
(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1256, Sec. 24,
eff. September 1, 2007.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 24, eff. September 1, 2007.
Sec. 33.111. GRANTING EASEMENTS. (a) The board may grant
easement rights to the owner of adjacent littoral property
authorizing the placement or location of a structure on coastal
public land for purposes connected with the ownership of littoral
property.
(b) The board may grant easement rights to construct channels,
wharves, docks, and marinas to an existing corporation that was
issued articles of incorporation under Chapters 13 and 14, Title
32, Revised Statutes.
(c) Notwithstanding any provision in its charter or articles of
incorporation to the contrary, a corporation described in
Subsection (b) of this section may only obtain the use of or
acquire property from the state as provided by that subsection.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 923, Sec. 2,
eff. Aug. 26, 1985.
Sec. 33.112. FAILURE TO OBTAIN AN EASEMENT. (a) Any owner of
littoral property or any person acting under the owner of
littoral property who for purposes connected with the ownership
of the littoral property shall construct or fix or place on
coastal public land any structure without first obtaining an
easement from the land office is subject to a civil penalty of
not more than $200.
(b) Each day the structure remains on or is affixed to coastal
public land constitutes a separate offense.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.113. INTERPRETATION OF EASEMENT GRANT. The grant of an
easement under Section 33.111 of this code and the waiver under
Section 33.115 of this code shall not be construed as recognition
of a right existing in the littoral owner incident to the
ownership of littoral property.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.114. POLICIES, PROVISIONS, AND CONDITIONS OF EASEMENTS.
In addition to the policies, provisions, and conditions generally
applicable in this chapter, each grant of an easement is subject
to the policies, provisions, and conditions of Sections 33.115
and 33.117 of this code.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.115. PIERS. (a) Without obtaining an easement from the
board, the owner of littoral property may construct a pier on
adjacent coastal public land if the pier:
(1) is not used for commercial purposes;
(2) is 115 feet or less in length and 25 feet or less in width;
and
(3) requires no filling or dredging.
(b) In addition to the provisions of Subsection (a), the board
may adopt rules with limitations and requirements that are
consistent with the policies stated in Section 33.001 of this
code that allow an owner of littoral property to construct a pier
with associated appurtenances on adjacent coastal public land
without first obtaining an easement from the board.
(c) The location and dimensions of the pier and description of
any associated appurtenances must be registered with the board in
the manner provided in this chapter.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2001, 77th Leg., ch. 366, Sec. 1,
eff. May 26, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
58, Sec. 1, eff. May 17, 2005.
Sec. 33.116. FAILURE TO REGISTER PIER. Any owner of littoral
property who fails to register the location and dimensions of the
pier which is authorized to be constructed under Section 33.115
of this code is subject to a civil penalty of not more than $200.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.117. PUBLIC POLICY OF STATE TO BE CONSIDERED. In
administering Sections 33.111 through 33.115 of this code, the
board shall consider the public policy of the state that the
orderly use of privately owned littoral property in a manner
consistent with the public policy of the state will not be
impaired.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.118. SINGLE PERMIT. If the activity for which the
easement is sought requires the littoral owner to seek one or
more permits from any other agency or department of state
government, the board may agree with the agency or department to
issue a single document incorporating all rights and privileges
of the applicant.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.119. ISSUANCE OF PERMITS. The board may issue permits
authorizing limited continued use of previously unauthorized
structures on coastal public land if the use is sought by one who
is claiming an interest in the structure but is not incident to
the ownership of littoral property.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.120. FAILURE TO OBTAIN A PERMIT. A person who
maintains, uses, or repairs any structure for which a permit is
required under Section 33.119 of this code without first
obtaining a permit from the board is subject to a civil penalty
of not less than $50 nor more than $1,000.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.121. UNAUTHORIZED STRUCTURES. Any person who
constructs, fixes, or places on coastal public land any
unauthorized structure for purposes not connected with ownership
of littoral property is subject to a civil penalty of not less
than $50 nor more than $1,000.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.122. EXCEPTION TO PERMIT REQUIREMENT. No permit may be
required for structures, excavations, or other similar structures
as long as they are located wholly on the private littoral
upland, even though the activities may result in the area being
inundated by public water.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.123. POLICIES, PROVISIONS, AND CONDITIONS OF PERMITS.
In addition to the policies, provisions, and conditions generally
applicable in this chapter, each grant of a permit is subject to
the policies, provisions, and conditions of Sections 33.120
through 33.122 and 33.124 through 33.126 of this code.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.124. PERMITS PROHIBITED FOR CERTAIN STRUCTURES. The
board may not grant a permit which authorizes the continued use
of a structure located within 1,000 feet of privately owned
littoral residential property, without written consent of the
littoral owner.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch.
42, Sec. 1, eff. May 13, 2005.
Sec. 33.125. AUTOMATIC REVOCATION AND TERMINATION OF A PERMIT.
A permit that authorizes the continued use of a previously
unauthorized structure on coastal public land is considered
automatically revoked and terminated if the coastal public land
on which the structure is located is:
(1) subsequently leased for public purposes;
(2) exchanged for littoral property under this chapter; or
(3) conveyed to a navigation district as provided by law.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.126. TERMINATION OF PERMIT BY BOARD. Each permit shall
provide that if the terms of the permit are broken, the permit
may be terminated at the option of the board.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.127. TERMS AND RENEWAL OF PERMITS. Permits may be
issued for a period of not more than five years and may be
renewed at the discretion of the board.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.128. USE OF PREVIOUSLY UNAUTHORIZED STRUCTURES.
Previously unauthorized structures for which permits are obtained
may be used only for noncommercial, recreational purposes.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.129. PROHIBITIONS ON THE GRANT OF PERMITS. The board
may not grant an application for a permit which would violate the
public policy of this state as expressed in this chapter and may
not grant a permit for any structure not in existence on August
27, 1973.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.130. REPAIRS AND REBUILDING. If a structure for which a
permit is issued is severely damaged or destroyed by any means,
no major repairs or rebuilding may be undertaken by the permit
holder without the approval of the board.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.131. STRUCTURES AS PROPERTY OF THE STATE. A structure
presently existing or to be constructed in the future for which a
permit is required under Section 33.119 of this code is the
property of the state. Any construction, maintenance, or use of
the structure other than as provided in this subchapter is
declared to be a nuisance per se and is expressly prohibited.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 991, Sec. 10,
eff. Sept. 1, 1993.
Sec. 33.132. REGISTRATION BY BOARD. (a) The registration by
the board on or before December 31, 1973, of a structure located
in whole or in part on coastal public land on August 27, 1973,
and claimed by the person submitting it for registration as an
incident of the ownership of littoral property shall not be
construed as evidence of the acquiescence of the state in the
claim by the owner.
(b) Failure of the owner to register the structure estops the
owner from making any further claim of right against the state in
the structure and renders the structure a nuisance per se subject
to abatement by the state at the expense of the littoral owner.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.133. REMEDIES CUMULATIVE. Remedies provided in this
subchapter are cumulative of all other remedies which may be
applicable, including those remedies arising from the power of a
court to enforce its jurisdiction and its judgments.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.134. USE AND DEVELOPMENT OF LAND BY LITTORAL OWNER.
None of the provisions of this chapter shall prevent the littoral
owner of property from developing or otherwise using his property
in a lawful manner, and this chapter shall not be construed to
confer on the board the authority to regulate, control, or
restrict the use or development of the property.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.135. NOTICE TO PURCHASER OR GRANTEE OF COASTAL AREA
PROPERTY. (a) A person who sells, transfers, or conveys an
interest other than a mineral, leasehold, or security interest in
real property adjoining and abutting the tidally influenced
waters of the state must include the following notice as a part
of a written executory contract for the sale, transfer, or
conveyance:
"(1) The real property described in and subject to this contract
adjoins and shares a common boundary with the tidally influenced
submerged lands of the state. The boundary is subject to change
and can be determined accurately only by a survey on the ground
made by a licensed state land surveyor in accordance with the
original grant from the sovereign. The owner of the property
described in this contract may gain or lose portions of the tract
because of changes in the boundary.
"NOTICE REGARDING COASTAL AREA PROPERTY
"(2) The seller, transferor, or grantor has no knowledge of any
prior fill as it relates to the property described in and subject
to this contract.
"(3) State law prohibits the use, encumbrance, construction, or
placing of any structure in, on, or over state-owned submerged
lands below the applicable tide line, without proper permission.
"(4) The purchaser or grantee is hereby advised to seek the
advice of an attorney or other qualified person as to the legal
nature and effect of the facts set forth in this notice on the
property described in and subject to this contract. Information
regarding the location of the applicable tide line as to the
property described in and subject to this contract may be
obtained from the surveying division of the General Land Office
in Austin."
(b) If property described under Subsection (a) of this section
is sold, transferred, or conveyed without an executory contract
for conveyance, a written statement containing the notice
prescribed by that subsection must be delivered to the grantee
for execution and acknowledgement of receipt before the
conveyance is recorded.
(c) Failure to include the statement in an executory contract
for conveyance shall be grounds for the purchaser to terminate
such contract, and upon termination any earnest money shall be
returned to the party making the deposit.
(d) Failure to provide this statement prior to closing, either
in the executory contract for conveyance or in a separate written
statement, shall constitute a deceptive act under Section 17.46,
Business & Commerce Code.
(e) This section or the action of any party subject to this
section does not diminish or modify the beach access and use
rights of the public as acquired by statute or under common law.
Added by Acts 1993, 73rd Leg., ch. 991, Sec. 11, eff. Sept. 1,
1993.
Sec. 33.136. PROPERTY RIGHTS: PRESERVATION OF LITTORAL RIGHTS.
(a) Notwithstanding any law to the contrary, a person may not
undertake an action on or immediately landward of a public beach
or submerged land, including state mineral lands, relating to
erosion response that will cause or contribute to shoreline
alteration before the person has conducted and filed a coastal
boundary survey in the same manner as the survey of public land
required by Chapter 21 and any applicable rule of the
commissioner and has obtained any required lease or other
instrument from the commissioner or board, as applicable. A
person is not required to obtain a lease or other instrument from
the commissioner or board if the action is confined to land owned
by a navigation district or municipality. On filing of the
survey, the shoreline depicted on the survey is a fixed line for
the purpose of locating a shoreline boundary, subject to movement
landward of that line. A coastal boundary survey conducted under
this section may not be filed until the commissioner gives notice
of approval under Subsection (c).
(b) The survey must contain the following statement: "NOTICE:
This survey was performed in accordance with Section 33.136,
Natural Resources Code, for the purpose of evidencing the
location of the shoreline in the area depicted in this survey as
that shoreline existed before commencement of erosion response
activity, as required by Chapter 33, Natural Resources Code. The
line depicted on this survey fixes the shoreline for the purpose
of locating a shoreline boundary, subject to movement landward as
provided by Section 33.136, Natural Resources Code."
(c) Within 30 days after the date the commissioner approves a
coastal boundary survey under this section, the commissioner
shall provide notice of that approval by:
(1) publication in the Texas Register;
(2) publication for two consecutive weeks in a newspaper of
general circulation in the county or counties in which the land
depicted in the survey is located; and
(3) filing a copy of the approval in the archives and records
division of the land office.
(d) A person who claims title to permanent school fund land as a
result of accretion, reliction, or avulsion in the coastal zone
on or after September 1, 1999, must, in order to prevail in the
claim, prove that:
(1) a change in the shoreline has occurred;
(2) the change did not occur as a result of the claimant's
actions, the action of any predecessor in title, the action of
any grantee, assignee, licensee, or person authorized by the
claimant to use the claimant's land, or an erosion response
activity; and
(3) the claimant is entitled to benefit from the change.
(e) An upland owner who, because of erosion response activity
undertaken by the commissioner, ceases to hold title to land that
extends to the shoreline as altered by the erosion response
activity is entitled to continue to exercise all littoral rights
possessed by that owner before the date the erosion response
activity commenced, including rights of ingress, egress, boating,
bathing, and fishing.
(f) In this section, "erosion response" means an action intended
to address coastal erosion, mitigate the effect of coastal
erosion, or maintain or enhance beach stability or width. The
term includes:
(1) beach nourishment;
(2) sediment management;
(3) beneficial use of dredged material;
(4) construction of breakwaters;
(5) dune creation or enhancement; and
(6) revegetation.
Added by Acts 1997, 75th Leg., ch. 938, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 508, Sec. 3, eff.
Sept. 1, 1999.
SUBCHAPTER E. ENFORCEMENT AND APPEAL
Sec. 33.171. ENFORCEMENT OF RIGHTS OF LITTORAL OWNERS. (a) A
littoral owner whose rights may be affected by any action of the
board under this chapter may bring suit for a declaratory
judgment against the State of Texas in a district court in Travis
County to try the issues.
(b) Service of citation may be obtained by serving the
commissioner.
(c) The state is entitled to receive notice of a claim against
the School Land Board under this subchapter not later than the
180th day after the day the action of the board giving rise to
the claim occurred. The notice must reasonably describe:
(1) the action of the board that affected the littoral owner's
rights;
(2) the time and place of the board's action; and
(3) the nature of the claim, specifying, as applicable, the
manner in which:
(A) the board's action affected the title to or boundary of
coastal public land to the detriment of the littoral owner;
(B) the board's action affected an interest in land sought or
granted under this chapter; or
(C) the board violated this chapter or a rule adopted by the
board under this chapter.
(d) The notice requirement of Subsection (c) is a jurisdictional
prerequisite to the institution of suit under this section
regardless of actual notice, express or implied, to the board or
the state.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 147, Sec. 1,
eff. Sept. 1, 2003.
Sec. 33.172. VENUE. Unless expressly waived in writing by the
attorney general, venue lies in Travis County in any proceeding:
(1) arising out of an alleged violation of any provision of this
chapter or any rule adopted by the board under this chapter;
(2) touching any interest in land sought or granted under this
chapter; and
(3) to determine the boundaries or title to any coastal public
land.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.173. RIGHT TO APPEAL. Any interested party who is
aggrieved by an action of the board under this chapter may appeal
the action by filing a petition in a district court in Travis
County.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.174. TIME FOR FILING PETITION. The petition for the
appeal must be filed within 30 days after the date of the final
action of the board or 30 days after the effective date of the
action, whichever is the later date.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.175. SERVICE OF CITATION. Service of citation on the
board may be accomplished by serving the commissioner.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 33.176. ISSUE ON APPEAL. In an appeal of a board action,
the issue is whether the action is invalid, arbitrary, or
unreasonable.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER F. COASTAL COORDINATION
Sec. 33.201. SHORT TITLE. This subchapter may be cited as the
Coastal Coordination Act.
Added by Acts 1979, 66th Leg., p. 1991, ch. 785, Sec. 1, eff.
June 13, 1979. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 37,
eff. June 7, 1991.
Sec. 33.202. POLICY. (a) It is declared to be the policy of
this state to make more effective and efficient use of public
funds and provide for more effective and efficient management of
coastal natural resource areas, and to better serve the people of
Texas by:
(1) continually reviewing the principal coastal problems of
state concern, coordinating the performance of government
programs affecting coastal natural resource areas, and
coordinating the measures required to resolve identified coastal
problems; and
(2) making all coastal management processes more visible,
accessible, coherent, consistent, and accountable to the people
of Texas.
(b) It is declared to be the policy of this state that the chief
executive officer of the state should represent the State of
Texas in discussions and negotiations with the federal government
with regard to the effect of federal actions on the coastal
programs and policies of the State of Texas.
Added by Acts 1979, 66th Leg., p. 1991, ch. 785, Sec. 1, eff.
June 13, 1979. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 37,
eff. June 7, 1991; Acts 1995, 74th Leg., ch. 416, Sec. 3, eff.
June 8, 1995.
Sec. 33.203. DEFINITIONS. In this subchapter:
(1) "Coastal natural resource areas" means:
(A) coastal barriers;
(B) coastal historic areas;
(C) coastal preserves;
(D) coastal shore areas;
(E) coastal wetlands;
(F) critical dune areas;
(G) critical erosion areas;
(H) gulf beaches;
(I) hard substrate reefs;
(J) oyster reefs;
(K) submerged land;
(L) special hazard areas;
(M) submerged aquatic vegetation;
(N) tidal sand or mud flats;
(O) water of the open Gulf of Mexico; and
(P) water under tidal influence.
(2) "Coastal barrier" means an undeveloped area on a barrier
island, peninsula, or other protected area, as designated by
United States Fish and Wildlife Service maps.
(3) "Coastal historic area" means a site that is specially
identified in rules adopted by the Texas Historical Commission or
the Antiquities Committee as being coastal in character and that
is:
(A) a site on the National Register of Historic Places,
designated under 16 U.S.C. Section 470a and 36 CFR Part 63,
Chapter 1; or
(B) a state archaeological landmark, as defined by Subchapter D,
Chapter 191.
(4) "Coastal preserve" means any land, including a park or
wildlife management area, that is owned by the state and that is:
(A) subject to Chapter 26, Parks and Wildlife Code, because it
is a park, recreation area, scientific area, wildlife refuge, or
historic site; and
(B) designated by the Parks and Wildlife Commission as being
coastal in character.
(5) "Coastal shore area" means an area within 100 feet landward
of the highwater mark on submerged land.
(6) "Coastal waters" means waters under tidal influence and
waters of the open Gulf of Mexico.
(7) "Coastal wetlands" means wetlands, as the term is defined by
Section 11.502, Water Code, located:
(A) seaward of the coastal facility designation line established
by rules adopted under Chapter 40;
(B) within rivers and streams, to the extent of tidal influence,
as shown on the Texas Natural Resource Conservation Commission's
stream segment maps, excluding the portion of the Trinity River
located in Liberty County;
(C) within one mile of the mean high tide of the portion of
river and stream described by Paragraph (B), except as provided
by Paragraphs (D) and (E);
(D) in the case of wetlands bordering the portion of the Trinity
River to which Paragraph (B) applies:
(i) within the area located between the mean high tide line on
the western shoreline of that portion of the river and
Farm-to-Market Road 565 and Farm-to-Market Road 1409; or
(ii) within the area located between the mean high tide line on
the eastern shoreline of that portion of the river and
Farm-to-Market Road 563; or
(E) in the case of wetlands bordering the portion of the Neches
River described by Paragraph (B):
(i) within one mile from the mean high tide line of the western
shoreline of that portion of the river described by Paragraph
(B); or
(ii) within the area located between the mean high tide line on
the eastern shoreline of that portion of the river and
Farm-to-Market Road 105.
(8) "Critical area" means a coastal wetland, an oyster reef, a
hard substrate reef, submerged aquatic vegetation, or a tidal
sand or mud flat.
(9) "Critical dune area" means a protected sand dune complex on
the Gulf shoreline within 1,000 feet of mean high tide designated
by the land commissioner under Section 63.121.
(10) "Critical erosion area" has the meaning assigned to the
term "critical coastal erosion area" by Section 33.601(4).
(11) "Gulf beach" means a beach bordering the Gulf of Mexico
that is:
(A) located inland from the mean low tide line to the natural
line of vegetation bordering the seaward shore of the Gulf of
Mexico; or
(B) part of a contiguous beach area to which the public has a
right of use or easement:
(i) continuously held by the public; or
(ii) acquired by the public by prescription, dedication, or
estoppel.
(12) "Hard substrate reef" means a naturally occurring hard
substrate formation, including a rock outcrop or serpulid worm
reef, living or dead, in an intertidal or subtidal area.
(13) "Oyster reef" means a natural or artificial formation that
is:
(A) composed of oyster shell, live oysters, and other living or
dead organisms;
(B) discrete, contiguous, and clearly distinguishable from
scattered oyster shell or oysters; and
(C) located in an intertidal or subtidal area.
(14) "Special hazard area" means an area designated under 42
U.S.C. Section 4001 et seq. as having special flood, mudslide or
mudflow, or flood-related erosion hazards and shown on a flood
hazard boundary map or flood insurance rate map as Zone A, AO,
A1-30, AE, A99, AH, VO, V1-30, VE, V, M, or E.
(15) "Submerged land" means land located under waters under
tidal influence or under waters of the open Gulf of Mexico,
without regard to whether the land is owned by the state or a
person other than the state.
(16) "Submerged aquatic vegetation" means rooted aquatic
vegetation growing in permanently inundated areas in estuarine
and marine systems.
(17) "Tidal sand or mud flat" means a silt, clay, or sand
substrate, without regard to whether it is vegetated by algal
mats, that occur in intertidal areas and that are regularly or
intermittently exposed and flooded by tides, including tides
induced by weather.
(18) "Water of the open Gulf of Mexico" means water in this
state, as defined by Section 26.001(5), Water Code, that is part
of the open water of the Gulf of Mexico and that is within the
territorial limits of the state.
(19) "Water under tidal influence" means water in this state, as
defined by Section 26.001(5), Water Code, that is subject to
tidal influence according to the Texas Natural Resource
Conservation Commission's stream segment map. The term includes
coastal wetlands.
(20) "Council" means the Coastal Coordination Council.
(21) "Agency or subdivision" means any state agency, department,
board, or commission or political subdivision of the state.
(22) "Coastal management program " means an ongoing,
comprehensive program containing the elements required for
approval of a program under the Coastal Zone Management Act of
1972 (16 U.S.C. Section 1451 et seq.) that is designed to
coordinate agencies' management of activities that may adversely
affect coastal natural resource areas for the purpose of
continually making management of those activities more efficient
and effective.
(23) "Agency or subdivision action" means an action described by
Section 33.2051 or 33.2053.
(24) "Federal agency activity" means a function performed by or
for a federal agency in the exercise of its statutory
responsibility, including financial assistance, the planning,
construction, modification, or removal of a public work,
facility, or any other structure, and the acquisition, use, or
disposal of land or water resources. The term does not include
the issuance of a federal license or permit.
(25) "Federal agency action" means a license or permit that a
federal agency may issue that represents the proposed federal
authorization, approval, or certification needed by the applicant
to begin an activity.
(26) "Proposed action" means an agency or subdivision action
under consideration by the agency or subdivision, but with
respect to which the agency or subdivision has not made a final
decision.
(27) "Outer continental shelf plan" means a plan for the
exploration or development of, or production from, an area leased
under the Outer Continental Shelf Lands Act (43 U.S.C. Section
1331 et seq.) and the rules adopted under that Act that is
submitted to the secretary of the United States Department of the
Interior after federal approval of the coastal management
program.
Added by Acts 1979, 66th Leg., p. 1991, ch. 785, Sec. 1, eff.
June 13, 1979. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 37,
eff. June 7, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.264,
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 416, Sec. 4, eff.
June 8, 1995; Acts 1997, 75th Leg., ch. 396, Sec. 1, eff. May 28,
1997; Acts 1999, 76th Leg., ch. 508, Sec. 4, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 70, Sec. 2, eff. Sept. 1, 2001.
Sec. 33.204. ADMINISTRATION OF COASTAL MANAGEMENT PROGRAM. (a)
The council by rule shall adopt goals and policies of the coastal
management program. A goal or policy may not require an agency or
subdivision to perform an action that would exceed the
constitutional or statutory authority of the agency or
subdivision to which the goal or policy applies.
(b) The council shall meet twice each calendar year and as
necessary to conduct the business of the council and shall set
aside time at each meeting for public comment on any issue under
the jurisdiction of the council. The commissioner is chair of
the council. The chair or any three members of the council may
convene meetings at such times and places as they may determine
necessary and appropriate.
(c) Except as provided by Sections 33.205(c)(3) and 33.206(a),
the council may act on the agreement of a majority of a quorum of
the council.
(d) For each matter to be reviewed by the council under Section
33.205(c) or (d) of this code, the governor shall designate a
local elected official from a county or municipality directly
affected by the matter under review. The local official shall
serve as a nonvoting participant on the council for purposes of
reviewing and acting on that matter only.
(e) In conducting reviews under Section 33.205 of this code, the
council shall receive and consider the oral or written testimony
of any person regarding the coastal management program as the
testimony relates to the agency or subdivision action or federal
agency action or activity or outer continental shelf plan under
review. The council may reasonably limit the length and format of
the testimony and the time at which it will be received. Notice
of the period during which the testimony will be received shall
be published in the Texas Register and in a newspaper of general
circulation in each county directly affected by the matter under
review before the commencement of that period. The council shall
consider only the record before the agency or subdivision
involved in the matter under review, the agency's or
subdivision's findings, applicable laws and rules, any additional
information provided by that agency or subdivision, and public
testimony under this subsection, provided that if the agency or
subdivision did not hold a hearing, make a record, or make
findings, the council may hold a hearing and make findings
necessary to a complete and thorough review.
(f) The land office shall assist the council in carrying out its
duties. The council members may not receive compensation for
services but may receive reimbursement for actual and necessary
expenses. The land office, in coordination with other agencies
and subdivisions, shall prepare an annual report on the
effectiveness of the coastal management program. The land office
shall submit the report to the council for approval. On or before
January 15 of each odd-numbered year, the land office shall send
to the legislature each of the previous two annual reports.
(g) The council may award grants to projects that further the
goals and policies of the council. The council shall establish
the procedures for making any determination rela