31 TAC §15.11
The General Land Office (Land Office) adopts an amendment
to §15.11, relating to the Certification Of Local Government Dune Protection
And Beach Access Plans (plan). The amendment is being adopted to certify the
establishment of a beach user fee in the Matagorda County plan. The Land Office
adopts this amendment without changes to the proposed text as published in
the June 4, 1999 issue of the
Texas Register
(24 TexReg 4178). The text will not be republished.
On March 15, 1999, the Matagorda County Commissioners Court adopted by
order the inclusion of a $6.00 annual beach user fee to the county's plan.
In the amendment to §15.11(a)(6), the Land Office certifies that the
county's initiation of the beach user fee is consistent with state law in
that the county will have sufficient funds in order to establish and maintain
beach-related services and facilities for the preservation and enhancement
of access to and from and safe and healthy use of the public beaches by the
public.
The adopted amendment to certify the county's beach user fee is subject
to the Texas Coastal Management Program (CMP), §505.11(a)(1)(J) of this
title, relating to the Actions and Rules Subject to the Coastal Management
Program, and must be consistent with the applicable CMP goals and policies
under §501.14(k) of this title, relating to Construction in the Beach/Dune
System. The Land Office has reviewed this action for consistency with the
CMP goals and policies in accordance with the Coastal Coordination Council.
The action is consistent with the Land Office beach/dune regulations that
the council has determined to be consistent with the CMP. Consequently, the
Land Office has determined that the proposed action is consistent with the
applicable CMP goals and policies.
No comments were received regarding the proposed amendment to this rule.
The Land Office has prepared a takings impact assessment for the adoption
of this amendment and has determined that adoption of this amendment will
not result in a taking of private property. To receive a copy of the takings
impact assessment, please send a written request to Ms. Carol Milner, Texas
Register Liaison, General Land Office, 1700 North Congress Avenue, Room 626,
Austin, Texas 78707-1495, facsimile number (512) 463-6311.
The amendment is adopted under Texas Natural Resources Code,
§§61.011, 61.015(b) and §61.022(c) which provide the Land Office
with the authority to preserve and enhance the public's right to use and have
access to and from Texas' public beaches.
Texas Natural Resources Code, Chapter 61, Subchapter B, §61.011, §61.015(b),
and §61.022(c) are affected by the adoption of the amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August
16, 1999.
TRD-9905122
Larry R. Soward
Chief Clerk
General Land Office
Effective date: September 5, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 305-9129