PART 4. SCHOOL LAND BOARD

CHAPTER 155. LAND RESOURCES

SUBCHAPTER A. COASTAL PUBLIC LANDS

31 TAC §§155.1, 155.2, 155.4, 155.5, 155.15

The School Land Board (Board) proposes amendments to §§155.1, 155.2, 155.4, 155.5, and 155.15 in Title 31, Part 4, Chapter 155, Subchapter A, concerning Coastal Public Lands. The proposed amendments are intended to clarify the rules as well as streamline procedures with respect to renewals of coastal leases for public purposes, transfers of cabin permits, recording associated with structure registrations, and fees for vegetative cover and rip-rap.

Explanation of Proposed Amendments

Section 155.1, concerning General Provisions, includes provisions that address Board policies, the scope of the rules, the timing of Board decisions, definitions, and the Coastal Management Program (CMP). The proposed amendment to 155.1(d) revises the definition for "shoreline stabilization project" to clarify that projects that consist of only shoreline stabilization may be treated as a residential use, Category I projects. As reflected in long-standing Board policy and §155.3(e), the Commissioner of the General Land Office (GLO) may authorize coastal easements without Board authorization for certain categories of projects that have minimal environmental impacts and no commercial or industrial activity. Many such projects, for example single-family residential piers with dimensions that do not qualify for a Structure Registration, are authorized through the issuance of a Category I Coastal Easement (CE-I) processed in the GLO Coastal Field Operations offices. By clarifying that a CE-I may be issued for projects consisting of only vegetative cover and/or rip-rap, this amendment would help expedite the authorization process for such projects and promote the efficient administration of the coastal public land program.

Section 155.2, concerning Leases, includes provisions related to application requirements, lease conditions, and renewal and termination of leases. The proposed amendment adds subsection (e) to allow the Commissioner of the GLO to approve a Coastal Lease renewal request without Board approval provided that all previous lease conditions have been met, and further provided that no modifications have been made or are proposed, other than a modification that reduces the dimensions of the structure on the leased premises. Projects that are authorized under this section typically include structures such as county boat ramps, public fishing piers, and other public purpose projects that do not change over time. This amendment would help expedite the renewal process for such projects and promote the efficient administration of Coastal Lease renewals.

Section 155.4, concerning Permits, includes provisions related to the issuance of permits for the use of previously unauthorized structures (cabins) on coastal public land. The proposed amendment adds a new subsection (g) to clarify that the Board may, at its discretion, approve the transfer of a Cabin Permit upon receipt of a transfer request, provided that all required fees have been paid and further provided that all previous permit conditions have been met. This reflects long-standing Board policy and procedure allowing for the transfer of such permits. This amendment would simply provide greater clarity within the text of the administrative code.

Section 155.5, concerning Registration of Structures, includes provisions related to the registration of structures that may be constructed on coastal public land without prior approval from the Board, in accordance with Texas Natural Resources Code, §33.115. The proposed amendment reorders the provision requiring each person issued a Structure Registration to record a GLO-provided memorandum in the county records to clarify the sequence of this recordation requirement in the Structure Registration process. This amendment would help provide greater clarity and efficiency in the processing of Structure Registrations.

Section 155.15, concerning Fees, includes provisions related to fees for the use of coastal public land. The proposed amendment to the fee tables in 155.15(b)(1)(C)(i)-(iv) adds a footnote to clarify that projects consisting of only rip-rap and/or vegetative cover do not require any minimum annual rent. Although the current fee tables provide that rip-rap and/or vegetative cover are project components that have no rent, there is an internal inconsistency in that these fee tables also state that a minimum rent is required. This amendment would resolve the inconsistency and clarify current practice and standards.

Fiscal and Employment Impacts

David Green, Senior Deputy Director, Coastal Protection, has determined that for each of the first five years that the proposed amendments are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Mr. Green has determined that the proposed amendments will not have an adverse economic effect on small or large businesses, micro-businesses, rural communities, or individuals since the amendments relate solely to administrative functions of the Board and the GLO and impose no costs on persons required to comply with the rules. Accordingly, an economic impact statement or regulatory flexibility analysis is not required.

Mr. Green has determined that the proposed amendments will not have an adverse impact to local employment or local economies. Therefore, a local employment impact statement is not required.

Public Benefit

Mr. Green has determined that the proposed amendments will benefit the public by promoting greater efficiency in the administration of the coastal public land program, reducing the time and effort required to authorize certain projects on coastal public land, and providing the public with greater clarity regarding the process.

Environmental Regulatory Analysis

The Board has evaluated the proposed amendments in light of the regulatory analysis requirements of Texas Government Code, §2001.0225, and has determined that this rulemaking is not subject to §2001.0225 because it does not meet the definition of a "major environmental rule" as defined in that statute. A major environmental rule means a rule the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The proposed amendments are not anticipated to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state.

Government Growth Impact Statement

The Board has evaluated the proposed amendments in accordance with Government Code, §2001.0221. For each of the first five years that the proposed amendments are in effect, the amendments will not: create or eliminate a government program; create or eliminate any employee positions; require an increase or decrease in future legislative appropriations; increase or decrease fees paid to the agency; create a new regulation; increase or decrease the number of individuals subject to applicability of the rules; or positively or adversely affect the state's economy. This proposal amends current rules.

Takings Impact Assessment

The Board has evaluated the proposed amendments to determine whether Texas Government Code, Chapter 2007, is applicable and a detailed takings assessment is required. The Board has determined that the proposed amendments do not affect private real property in a manner that requires real property owners to be compensated as provided by the Fifth and Fourteenth Amendments to the United States Constitution or Article I, Sections 17 and 19 of the Texas Constitution. Therefore, a detailed takings assessment is not required.

Coastal Management Program Analysis

The Board has reviewed the proposed amendments for consistency with the Texas Coastal Management Program (CMP), in accordance with Texas Natural Resources Code, §33.2051(d), and 31 Texas Administrative Code §505.11(a)(1), relating to Actions and Rules Subject to the Coastal Management Program. The Board determined that since this rulemaking is procedural in nature and would have no substantive effect on agency actions subject to the CMP, the rulemaking is consistent with the applicable CMP goals and policies.

Request for Public Comment

Written comments should be submitted to Walter Talley, Office of General Counsel, Texas General Land Office, 1700 N. Congress Avenue, Austin, Texas 78701, or fax (512) 463-6311 or emailed to walter.talley@glo.texas.gov, no later than 30 days following publication.

Statutory Authority

The amendments are proposed under Texas Natural Resources Code §33.064, providing that the Board may adopt procedural and substantive rules which it considers necessary to administer, implement, and enforce Chapter 33, Texas Natural Resources Code.

Texas Natural Resources Code §§33.101-33.136 are affected by the proposed amendments.

§155.1.General Provisions.

(a) - (c) (No change.)

(d) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (55) (No change.)

(56) Shoreline stabilization project--Vegetative cover or rip-rap consisting of concrete block, concrete rubble, rock, brick, sack crete or similarly stable material approved by the GLO and utilized to control shoreline erosion. Projects that consist of only shoreline stabilization will be treated as a residential use, Category I project.

(57) - (63) (No change.)

(e) - (f) (No change.)

§155.2.Leases.

(a) - (d) (No change.)

(e) The commissioner may approve a lease renewal request without board approval if all previous contractual conditions have been met, provided that the lessee has not made or proposed modifications to the leased premises or to the structure(s) on the premises other than a modification that reduces the dimensions of the structure(s) on the premises. If the commissioner approves a renewal request, the appropriate contract forms and related materials shall be forwarded to the lessee for completion. The commissioner may include in his approval any provisions deemed necessary to protect the state's interest in coastal public lands and the public welfare.

§155.4.Permits.

(a) - (f) (No change.)

(g) Transfer. The board may, at its discretion, approve the transfer of a permit upon receipt of a transfer request, provided that all required fees have been paid and all previous contractual conditions have been met.

(h) [(g)] Major repairs. Any action which alters the square footage of an existing permitted structure shall be considered a major repair and shall require prior approval from the board. The board may approve, deny, or approve with qualifications a request for major repairs to, or for the rebuilding of, a permitted structure. Examples of major repairs include, but are not limited to:

(1) - (4) (No change.)

(i) [(h)] Minor repairs. Minor repairs may be made to a permitted structure without prior approval of the board. Minor repairs shall include routine repairs to existing docks, piers, and the structure, and other normal maintenance required to maintain a structure in a safe and secure manner but which does not alter the authorized dimensions. Examples of minor repairs include, but are not limited to:

(1) - (4) (No change.)

(j) [(i)] Abandoned structures. Structures determined by the board to be abandoned may be removed from coastal public lands or permitted to an interested party through a competitive bid process approved by the board. Structures may be considered abandoned if:

(1) - (3) (No change.)

(k) [(j)] Issuance of permits to new permit holders for structures determined to be abandoned or for which the permit was terminated by the board for cause. Structures determined by the board to be abandoned or for which the interest of the previous permit holder was terminated for cause may be permitted to an interested party through a competitive bid process approved by the board in accordance with this subsection.

(1) - (6) (No change.)

(l) [(k)] General provisions. Each permit issued by the board or commissioner shall be subject to the following general provisions.

(1) - (6) (No change.)

§155.5.Registration of Structures.

(a) - (b) (No change.)

(c) New construction, reconstruction, or modification of a pier pursuant to Texas Natural Resources Code §33.115 may commence only upon receipt by the GLO of the following:

(1) a completed and executed structure registration form; and

(2) the registration fee.[;]

[(3) proof of recordation of a GLO provided memorandum in the County Deed Records in which the littoral property lies.]

(d) - (e) (No change.)

(f) Any person registering a structure or pier pursuant to this section agrees and consents to the following:

(1) to maintain the structure or pier in the proper condition and not allow it to deteriorate to such a degree as to become a hazard or public nuisance;

(2) to notify the GLO upon a change of ownership, or property interest, in the adjacent littoral property within 30 days of such change; [and]

(3) to comply with and be bound by all terms and conditions of the structure registration form provided by the GLO;[. ] and

(4) to record the GLO provided memorandum in the County Deed Records in which the littoral property lies.

(g) - (h) (No change.)

§155.15.Fees.

(a) (No change.)

(b) Board fees and charges. The board is authorized and required under the Texas Natural Resources Code, Chapter 33, to collect the fees and charges set forth in this subsection where applicable. The board will charge the following coastal lease and coastal easement fees for use of coastal public land, and will charge the following structure registration and permit fees. The board charge will be based on either the fixed fee schedule or the alternate commercial, industrial, residential, and public formulas as delineated in paragraph (1)(C) of this subsection. The greater of the fixed fee or formula rate will be charged except in the calculation of fees for residential use, Category II and residential use, Category III, where only the fixed rate method will be used. The board may adopt an escalation schedule that will allow for escalation of annual fees based on the term of a coastal lease or coastal easement.

(1) Rental and Fees.

(A) Structure registration. Structure registration fee is required for private piers or docks that are 115 [100] feet long or less and 25 feet wide or less and require no dredging or filling, as authorized by the Texas Natural Resources Code §33.115. Though board approval is not required for construction, the applicant must register the location of the structure. The registration is valid for the life of the structure.

(i) - (ii) (No change.)

(B) (No change.)

(C) The following tables list the rental fees for easements and permits on coastal public land.

(i) Residential Use, Category I.

Figure 1: 31 TAC §155.15(b)(1)(C)(i) (.pdf)

[Figure 1: 31 TAC §155.15(b)(1)(C)(i)]

(ii) Residential Use, Category II.

Figure 2: 31 TAC §155.15(b)(1)(C)(ii) (.pdf)

[Figure 2: 31 TAC §155.15(b)(1)(C)(ii)]

(iii) Residential Use, Category III.

Figure 3: 31 TAC §155.15(b)(1)(C)(iii) (.pdf)

[Figure 3: 31 TAC §155.15(b)(1)(C)(iii)]

(iv) Commercial and Industrial Activity.

Figure 4: 31 TAC §155.15(b)(1)(C)(iv)(.pdf)

[Figure 4: 31 TAC §155.15(b)(1)(C)(iv)]

(v) (No change.)

(2) - (7) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 21, 2020.

TRD-202002053

Mark Havens

Chief Clerk, Deputy Land Commissioner

School Land Board

Earliest possible date of adoption: July 5, 2020

For further information, please call: (512) 475-1850