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