State Codes and Statutes
Statutes > Texas > Transportation-code > Title-4-navigation > 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.
State Codes and Statutes
Statutes > Texas > Transportation-code > Title-4-navigation > 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.
State Codes and Statutes
Statutes >
Texas >
Transportation-code >
Title-4-navigation >
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.
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