CHAPTER 51. TEXAS COASTAL WATERWAY ACT

TRANSPORTATION CODE

TITLE 4. NAVIGATION

SUBTITLE A. WATERWAYS AND PORTS

CHAPTER 51. TEXAS COASTAL WATERWAY ACT

Sec. 51.001. SHORT TITLE. This chapter may be cited as the

Texas Coastal Waterway Act.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 51.002. DEFINITIONS. In this chapter:

(1) "Coastal marshes" means those soft, low-lying watery or wet

lands and drainage areas in the coastal areas of the state that

are of ecological significance to the environment and to the

maintenance, preservation, and enhancement of wildlife and

fisheries.

(2) "Coastal public land" means:

(A) the state-owned submerged land and the water overlying that

land; and

(B) state-owned islands or portions of islands that may be

affected by the ebb and flow of the tide.

(3) "Commission" means the Texas Transportation Commission.

(4) "Gulf Intracoastal Waterway" means the main channel, not

including tributaries or branches, of the shallow draft

navigation channel running from the Sabine River southward to the

Brownsville Ship Channel near Port Isabel that is known as the

Gulf Intracoastal Canal.

(5) "Department" means the Texas Department of Transportation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.06(a), eff.

Sept. 1, 1997.

Sec. 51.003. PURPOSE. In recognition of the economic benefit to

the state of the Gulf Coast Intracoastal Waterway, this state

shall act as the nonfederal sponsor of the main channel of the

Gulf Coast Intracoastal Waterway from the Sabine River to the

Brownsville Ship Channel in order to:

(1) support the marine commerce and economy of this state by

providing for the shallow draft navigation of the state's coastal

waters in an environmentally sound manner;

(2) prevent waste of publicly and privately owned natural

resources;

(3) prevent or minimize adverse impacts on the environment; and

(4) maintain, preserve, and enhance wildlife and fisheries.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., ch. 191, Sec. 1, eff. Sept. 1,

2003.

Sec. 51.004. COOPERATION WITH OTHER ENTITIES. (a) The

commission shall cooperate with the Department of the Army, other

federal and state agencies, navigation districts, port

authorities, counties, and other appropriate persons to determine

the state's federal local sponsorship requirements relating to

the Gulf Intracoastal Waterway, shall fulfill those requirements,

and shall satisfy the responsibilities of the nonfederal sponsor

as determined by federal law.

(b) The commission shall coordinate actions taken under this

chapter that may have a significant environmental impact or

effect on coastal public land, coastal marshes, wildlife, and

fisheries with appropriate federal and state agencies that have

environmental, wildlife, and fisheries responsibilities.

(c) Within its authority and available resources, an agency or

political subdivision of the state shall assist the commission in

performing its duties under this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 51.005. LAND ACQUISITION. (a) The commission may acquire

by gift, purchase, or condemnation property or an interest in

property that the commission considers necessary to enable it to

meet its responsibilities under this chapter, including, except

as provided by Subsection (b)(3), easements and rights-of-way for

dredge material disposal sites or channel alteration.

(b) The commission may not:

(1) acquire oil, gas, sulphur, or other minerals that may be

recovered without using the surface of land acquired by the

commission for exploration, drilling, or mining purposes;

(2) condemn any submerged public land under the jurisdiction of

the School Land Board; or

(3) condemn private property along Reach 1, Reach 2, Reach 4,

Reach 5, and Reach 6 of the Gulf Coast Intracoastal Waterway as

defined by the Draft Laguna Madre GIWW Dredged Material

Management Plan prepared by the Army Corps of Engineers and the

Interagency Coordination Team dated October 11, 2002, for use as

a disposal site for dredged material from the Laguna Madre unless

the commission determines that:

(A) there is no state or federal land available that can be used

for that purpose; and

(B) the state's failure to acquire the property will result in

the closure of any segment of the Gulf Coast Intracoastal

Waterway located in this state.

(c) An agency or political subdivision of the state may convey,

without advertisement, title or rights and easements owned by the

agency or political subdivision to any property the commission

needs to meet its responsibilities under this chapter.

(d) Repealed by Acts 2003, 78th Leg., ch. 191, Sec. 4, eff.

Sept. 1, 2003.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 1457, Sec. 1, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 191, Sec. 2, 4 eff. Sept. 1,

2003.

Sec. 51.006. HEARING REQUIRED BEFORE ACQUISITION OF PROPERTY.

(a) Before the commission approves or implements a plan or

project to acquire property or an interest in property under

Section 51.005 for a dredge material disposal site or for an

alteration of the Gulf Intracoastal Waterway that requires the

acquisition of additional property or an interest in property to

meet its responsibilities under this chapter, the commission

shall hold a public hearing to receive evidence and testimony

concerning the desirability of the proposed dredge material

disposal site or channel alteration.

(b) The commission shall publish notice of a plan or project and

the date, time, and place of a hearing at least once a week for

three successive weeks before the hearing in a newspaper of

general circulation that is published in the county seat of each

county in which any part of a proposed dredge material disposal

site or channel alteration is located.

(c) The commission may approve the plan or project and implement

it and acquire additional property if the commission determines,

after the public hearing, that the proposed plan or project can

be accomplished without an unjustifiable waste of publicly or

privately owned natural resources or a permanent and substantial

adverse impact on the environment, wildlife, or fisheries.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 51.007. EVALUATION AND REPORT. (a) In cooperation with

appropriate persons, the commission shall continually evaluate

the impact of the Gulf Intracoastal Waterway on the state. The

evaluation shall include:

(1) an assessment of the importance of the Gulf Intracoastal

Waterway that includes identification of its direct and indirect

beneficiaries;

(2) identification of principal problems and possible solutions

to those problems that includes estimated costs, economic

benefits, and environmental effects;

(3) an evaluation of the need for significant modifications to

the Gulf Intracoastal Waterway; and

(4) specific recommendations for legislative action that the

commission believes are in the best interest of the state in

carrying out the state's duties under this chapter.

(b) The commission shall publish a report of its evaluation and

present the report to each regular session of the legislature.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 51.008. SCHOOL LAND BOARD POWER. This chapter does not

diminish the duty or power of the School Land Board to manage the

coastal public land of the state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 51.009. BENEFICIAL USE OF DREDGE MATERIAL. (a) The

commission, through the department, may enter into an agreement

with the Department of the Army to participate in the cost of a

project to beneficially use material dredged from the Gulf

Intracoastal Waterway.

(b) The commission by rule shall establish eligibility criteria

for a project to beneficially use the dredge material.

(c) In this section and Sections 51.010 and 51.011, beneficial

use of dredge material means any productive and positive use of

dredge material and includes broad use categories such as fish

and wildlife habitat development, human recreation, and

industrial and commercial uses.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.06(b), eff. Sept.

1, 1997.

Sec. 51.010. PROPERTY ACQUISITION. The commission, through the

department, may acquire an interest in property required for a

project to beneficially use dredge material in the manner

provided by Section 51.005.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.06(b), eff. Sept.

1, 1997.

Sec. 51.011. HEARING REQUIRED BEFORE PARTICIPATION IN PROJECT.

(a) Before the department agrees to participate in the cost of a

project to beneficially use dredge material that requires the

acquisition of an interest in property, the commission shall hold

a public hearing on the desirability of the project.

(b) The commission shall publish notice of the date, time, and

place of the hearing at least once a week for three successive

weeks before the hearing in a newspaper of general circulation

published in the county seat of each county in which the project

is located.

(c) The department may agree to participate in the cost of the

project if the commission determines, after the public hearing,

that the project can be accomplished without unjustifiable waste

of publicly or privately owned natural resources or a permanent

and substantial adverse effect on the environment, wildlife, or

fisheries.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.06(b), eff. Sept.

1, 1997.

Sec. 51.012. CONTRACTS WITH LANDOWNERS. The commission may

contract with a landowner for the use of land as a disposal site

for dredged material.

Added by Acts 2003, 78th Leg., ch. 191, Sec. 3, eff. Sept. 1,

2003.

Sec. 51.013. DREDGED MATERIAL DISPOSAL. (a) The department

shall condemn land for disposal of dredged material for the

Laguna Madre section of the Gulf Coast Intracoastal Waterway only

in accordance with the Draft Laguna Madre GIWW Dredged Material

Management Plan prepared by the Army Corps of Engineers and the

Interagency Coordination Team dated October 11, 2002.

(b) On request by a political subdivision, the commission may

enter into a contract with a political subdivision to dispose of

dredged material from the Highland Bayou Diversionary Canal on

Placement Area 58A of the Gulf Coast Intracoastal Waterway.

(c) The commission may not charge a fee for disposal under

Subsection (b).

Added by Acts 2003, 78th Leg., ch. 191, Sec. 3, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

242, Sec. 1, eff. September 1, 2009.

Sec. 51.014. SUBSTANTIVE CHANGES TO DREDGED MATERIAL DISPOSAL

PLAN. The department shall seek approval of the legislature for

any substantive changes to dredged material disposal management

made in the final Laguna Madre GIWW Dredged Material Management

Plan once the plan is published.

Added by Acts 2003, 78th Leg., ch. 191, Sec. 3, eff. Sept. 1,

2003.