Tex. Nat. Resources Code Section 33.603
Coastal Erosion Studies and Projects

(a)

The land office shall undertake coastal erosion studies, demonstration projects, and response projects if the land office receives legislative appropriations or other funding for that purpose. If reasonable and appropriate, the land office shall work in conjunction with other state agencies, local governments, federal agencies, including the United States Army Corps of Engineers, or other qualified project partners in undertaking those studies and projects.

(b)

The studies and projects shall address:

(1)

assessment of the feasibility, cost, and financing of different methods of avoiding, slowing, or remedying coastal erosion;

(2)

beneficial placement of dredged material where appropriate to replenish eroded public beach, bay shore, marsh, and dune areas;

(3)

public beach, bay shore, and marsh nourishment or restoration projects using sediments other than material from navigational or other dredging projects;

(4)

guidelines on grain size and toxicity level;

(5)

the economic, natural resource, and other benefits of coastal erosion projects;

(6)

the protection, revegetation, and restoration of dunes;

(7)

the planting of vegetation as a means of inhibiting bay shore erosion and projects developing and cultivating disease-resistant vegetation adapted to local conditions;

(8)

the construction or retrofitting of dams, jetties, groins, and other impoundment structures, provided that the structures include sediment bypassing systems;

(9)

estimating the quantity and quality of sediment trapped by reservoirs, navigation channels, and placement areas and identification of other sediment sources;

(10)

the use of hard or soft structures on bay shorelines as a method of avoiding, slowing, or remedying erosion;

(11)

storm damage mitigation, post-storm damage assessment, and debris removal;

(12)

removal and relocation of structures from public beaches, including the purchase of property located on a public beach;

(13)

the acquisition of property necessary for the construction, reconstruction, maintenance, widening, or extension of an erosion response project under this subchapter;

(14)

structural shoreline protection projects that use innovative technologies designed or engineered to minimize beach scour; and

(15)

other studies or projects the commissioner considers necessary or appropriate to implement this subchapter.

(c)

An agreement between the commissioner and a qualified project partner to undertake a coastal erosion response study or project:

(1)

must require the qualified project partner to pay a specified percentage of the shared project cost that is not less than the minimum amount prescribed by Subsection (e):

(A)

before completion of the project; or

(B)

following completion of the project, in accordance with a schedule provided by the agreement; and

(2)

may contain other terms governing the study or project.

(d)

Except as provided by Subsections (b)(8) and (14), this chapter does not authorize the construction or funding of a hard structure on or landward of a public beach.

(e)

A qualified project partner must pay:

(1)

not less than 25 percent of the shared project cost if the project is a beach nourishment project on a public beach or bay shore; and

(2)

not less than 40 percent of the shared project cost if the project is any other coastal erosion response study or project, including:

(A)

a marsh restoration project; or

(B)

a bay shoreline protection project other than a beach nourishment project.

(f)

Notwithstanding Subsections (c) and (e), each biennium the commissioner may undertake at least one erosion response project without requiring a qualified project partner to pay a portion of the shared project cost if the total cost of the projects that do not have a cost share requirement does not exceed one-half of the total amount appropriated to the land office for coastal erosion planning and response.

(g)

Notwithstanding Subsection (d), each biennium the commissioner may undertake or provide funding for one or more erosion response demonstration projects if the state’s portion of the shared project cost does not exceed one-tenth of the total amount appropriated to the land office for coastal erosion planning and response.

(h)

Notwithstanding Subsection (e), the commissioner may determine the percentage of the shared project cost a qualified project partner must pay for a project undertaken pursuant to Subsection (b)(11), (12), or (13).
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 3, eff. June 7, 1991. Renumbered from Sec. 33.602 and amended by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1404, Sec. 1, eff. June 16, 2001; Acts 2003, 78th Leg., ch. 874, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 304 (S.B. 517), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1302 (H.B. 2387), Sec. 1, eff. September 1, 2009.

Source: Section 33.603 — Coastal Erosion Studies and Projects, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­33.­htm#33.­603 (accessed Apr. 29, 2024).

33.001
Policy 33.002
Purpose 33.003
Short Title 33.004
Definitions 33.005
Effect of Chapter 33.011
Board to Administer, Implement, and Enforce Chapter 33.012
Land Office to Assist Board 33.013
Additional Personnel 33.015
Special Account 33.016
Disposition of Other Funds 33.051
General Duty 33.052
Development of Coastal Management Program 33.053
Elements of Coastal Management Program 33.054
Review and Amendment of Management Program 33.055
Public Hearings to Consider Coastal Management Program 33.056
Structures on Land Adjacent to Coastal Public Land 33.057
Gifts of Interests in Land 33.058
Purchase of Fee and Lesser Interests in Land 33.059
Studies 33.060
Locating and Marking Boundaries 33.061
Complaints 33.062
Designated Official Representative 33.063
Fees 33.064
Rules 33.065
Texas Coastal Ocean Observation Network 33.101
Application to Acquire Rights in Coastal Public Land 33.102
Contents of Application 33.103
Interests Which May Be Granted by the Board 33.104
Determination of Terms of Grant 33.105
Persons to Whom Interest in Land May Be Granted 33.106
Policies, Provisions, and Conditions of Leases 33.107
Protection of Rights 33.108
Rights of the Public 33.109
Counties and Cities Eligible to Lease Coastal Public Land 33.110
Contracts and Franchises 33.111
Granting Easements 33.112
Failure to Obtain an Easement 33.113
Interpretation of Easement Grant 33.114
Policies, Provisions, and Conditions of Easements 33.115
Piers 33.116
Failure to Register Pier 33.117
Public Policy of State to Be Considered 33.118
Single Permit 33.119
Issuance of Permits 33.120
Failure to Obtain a Permit 33.121
Unauthorized Structures 33.122
Exception to Permit Requirement 33.123
Policies, Provisions, and Conditions of Permits 33.124
Permits Prohibited for Certain Structures 33.125
Automatic Revocation and Termination of a Permit 33.126
Termination of Permit by Board 33.127
Terms and Renewal of Permits 33.128
Use of Previously Unauthorized Structures 33.129
Prohibitions on the Grant of Permits 33.130
Repairs and Rebuilding 33.131
Structures as Property of the State 33.132
Registration by Board 33.133
Remedies Cumulative 33.134
Use and Development of Land by Littoral Owner 33.135
Notice to Purchaser or Grantee of Coastal Area Property 33.136
Property Rights: Preservation of Littoral Rights 33.171
Enforcement of Rights of Littoral Owners 33.172
Venue 33.173
Right to Appeal 33.174
Time for Filing Petition 33.175
Service of Citation 33.176
Issue on Appeal 33.201
Short Title 33.202
Policy 33.203
Definitions 33.204
Administration of Coastal Management Program 33.205
Consistency with Coastal Management Program 33.206
Action by Commissioner or Attorney General 33.207
Commissioner Recommendations 33.208
Enforcement 33.209
Prohibition on Special Area Management Plans 33.210
Private Property 33.231
Short Title 33.232
Policy 33.233
Definitions 33.234
Duties and Authority of Acquiring Agency 33.235
Agricultural Exemption 33.236
Duties and Authority to Certify 33.237
Most Essential Coastal Wetland Certification 33.238
Funding 33.601
Definitions 33.602
Coastal Erosion Duties and Authority 33.603
Coastal Erosion Studies and Projects 33.604
Coastal Erosion Response Account 33.605
Uses of Account 33.606
Grants and Gifts 33.607
Coastal Erosion Public Awareness and Education 33.608
Report to Legislature 33.609
Landowner Consent 33.610
Removal of Submerged Land from Appraisal and Tax Rolls 33.611
Immunity 33.612
Judicial Review 33.613
Closure or Modification of Certain Man-made Passes 33.651
Definitions 33.652
Applicability of Subchapter to Certain Municipalities 33.653
Creation of Coastal Protection and Improvement Fund 33.654
Use of Coastal Protection and Improvement Fund 33.655
County Coastal Protection and Improvement Fund 33.656
Projects that Qualify for Funding 33.657
Qualified Agreement 33.658
Qualified Payment 33.659
General Powers of Coastal Counties 33.660
Authority to Contract 33.661
Funds Available for Qualified Projects 33.662
Bonds Eligible for Purchase 33.663
Construction of Subchapter 33.2041
Coastal Coordination Advisory Committee 33.2051
Agency Rulemaking Actions 33.2052
Certification of Agency Rules 33.2053
Individual Agency or Subdivision Actions
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Accessed:
Apr. 29, 2024

§ 33.603’s source at texas​.gov