March 22 issue (all sections) - Texas Secretary of State

and policies are found at 31 TAC §501.12 (relating to Goals) and
§501.26 (relating to Policies for Construction in the Beach/Dune
System). Because all requests for the use of coastal public land
must continue to meet the same criteria for GLO approval, GLO
has determined that the proposed actions are consistent with applicable
CMP goals and policies. The proposed amendment will
be distributed to the Commissioner in order to provide him an
opportunity to provide comment on the consistency of the proposed
amendment during the comment period.
The amended rule provides certification that Matagorda's adoption
of the ERP as part of its plan is consistent with the CMP goals
outlined in 31 TAC §501.12(1) - (3) and (6). These goals seek
protection of Coastal Natural Resource Areas (CNRAs), compatible
economic development and multiple uses of the coastal
zone, minimization of the loss of human life and property due
to the impairment and loss of CNRA functions, and coordination
of GLO and local government decision-making through the
establishment of clear, effective policies for the management of
CNRAs. The ERP is tailored to the unique natural features, degree
of development, storm, and erosion exposure potential for
Matagorda. The ERP is also consistent with the CMP policies
outlined in 31 TAC §501.26(a)(1) and (2) that prohibit construction
within a critical dune area that results in the material weakening
of dunes and dune vegetation or adverse effects on the
sediment budget. The ERP will provide reduced impacts to critical
dunes and dune vegetation by establishing requirements for
construction in the DPL, reduce dune area habitat and biodiversity
loss, and reduce structure encroachment on the beach which
leads to interruption of the natural sediment cycle.
PUBLIC COMMENT REQUEST
To comment on the proposed rulemaking or its consistency with
the CMP goals and policies, please send a written comment to
Walter Talley, Texas Register Liaison, General Land Office, P.O.
Box 12873, Austin, Texas 78711; facsimile number (512) 463-
6311; or email walter.talley@glo.texas.gov. Written comments
must be received no later than 5:00 p.m., 30 days from the date
of publication of this proposal.
STATUTORY AUTHORITY
The amendment is proposed under Texas Natural Resources
Code §33.607, relating to GLO's authority to adopt rules for the
preparation and implementation by a local government of a plan
for reducing public expenditures for erosion and storm damage
losses to public and private property.
Texas Natural Resources Code §§33.601 - 33.613 are affected
by the proposed amendment.
§15.27. Certification Status of Matagorda County Dune Protection
and Beach Access Plan.
(a) Matagorda County has submitted to the General Land
Office a dune protection and beach access plan which is certified as
consistent with state law. The county's plan was adopted on February
13, 1995. The General Land Office certifies that the beach users
fees section of the Matagorda County plan adopted by the Matagorda
County Commissioners Court on March 15, 1999, is consistent with
state law. The General Land Office certifies that the pedestrian beach
at Matagorda Beach as established by amendments to the county's
plan adopted by the Matagorda County Commissioners Court on
October 20, 2003, is consistent with state law. The General Land
Office certifies that the beach user fees as established by amendments
to the county's plan adopted by the Matagorda County Commissioners
Court on February 8, 2010, is consistent with state law.
(b) The General Land Office certifies as consistent with state
law Matagorda County's Dune Protection and Beach Access Plan as
amended to incorporate the county's Erosion Response Plan. The Erosion
Response Plan was adopted by Matagorda County on January 28,
2013 by Commission Order.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on March 7, 2013.
TRD-201301029
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Earliest possible date of adoption: April 21, 2013
For further information, please call: (512) 475-1859
♦ ♦ ♦
PART 4. SCHOOL LAND BOARD
CHAPTER 155. LAND RESOURCES
SUBCHAPTER A. COASTAL PUBLIC LANDS
31 TAC §155.15
The School Land Board (Board) proposes amendments to 31
TAC §155.15, relating to Fees. The rulemaking is to correct an
error in the fee table for 31 TAC §155.15(b)(1)(C)(iii), relating to
rents and fees for Category III residential use coastal easements.
In addition, the rulemaking is to clarify an item in the fee table in
31 TAC §155.15(b)(1)(C)(v), relating to rents and fees for cabin
permits.
Section 155.15(b)(1)(C)(iii) adds an item to the fee table clarifying
that the fee for covered second levels, which currently may be
applied to Category I residential use easements, may also be applied
to Category III residential use coastal easements. Adding
this item to the fee table for Category III residential use coastal
easements will accurately reflect current Board policy regarding
fees for second covered levels.
Section 155.15(b)(1)(C)(v) deletes the fourth footnote in the fee
table, which is an incorrect reference to an additional item of rent
for cabin permits. The additional item of rent in this footnote is
not part of current Board policy. Deleting the footnote will ensure
that the fee table for cabin permits accurately reflects current
Board policy and informs the public of the correct rents and fees
for such permits.
Rene Truan, Deputy Commissioner for the General Land Office's
Professional Services Program Area, has determined that for
each year of the first five years the amended section as proposed
is in effect there will be no additional cost to state or local government
as a result of enforcing or administering the amended
section.
Mr. Truan has determined that for each year of the first five years
the amendments as proposed are in effect the public will benefit
from the proposed amendments because the General Land
Office will be able to administer the coastal public land program
more efficiently, providing the public more certainty and clarity in
the process. Mr. Truan has also determined that it is unlikely
that there will be an identifiable increase in economic costs to
persons and business required to comply, as the amendments
are consistent with current Board policy.
PROPOSED RULES March 22, 2013 38 TexReg 1951