31 TAC §15.11
The General Land Office (Land Office) proposes an amendment
to §15.11(a)(6), concerning the certification of local government dune
protection and beach access plans (plans). The amendment is proposed to certify
as consistent with state law the initiation of a beach user fee in Matagorda
County (county).
On March 15, 1999, the 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 to adequately preserve and enhance the public's access
to and use of the public beach.
Mr. Andrew Neblett, Deputy Commissioner for the Resource Management Program
Area, has determined that for the first five-year period this rule is in effect
the fiscal implications for state or local government as a result of enforcing
or administering the rule will be the availability of funds dedicated to beach-related
services and facilities.
Mr. Neblett has also determined that for the first five-year period the
rule is in effect the public benefit anticipated as a result of enforcing
or administering the rule will be the ability of the county to provide necessary
beach-related services and facilities, provide necessary law enforcement security
patrols and provide capital improvements such as new or improved restrooms
and additional parking. Mr. Neblett has determined that there will be no economical
costs to small businesses or individuals.
The proposed amendment to certify the county's beach user fee is subject
to the Texas Coastal Management Program (CMP), §505.11(a)(1)(J), 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),
relating to Construction in the Beach/Dune System. The Land Office has reviewed
this proposed action for consistency with the CMP goals and policies in accordance
with the regulations of the Coastal Coordination Council (Council). The proposed
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.
Comments may be submitted in writing to Ms. Carol Milner, Texas Register
Liaison, General Land Office, 1700 North Congress Avenue, Room 626, Austin,
Texas, 78701-1495, facsimile number (512) 463-6311. Comments must be received
no later than 5:00 p.m., July 5, 1999.
The amendment is proposed 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 proposed amendment.
§15.11.Certification of Local Government Dune Protection and Beach Access Plans.
(a)
Certification of local government plans. The following
local governments have submitted plans to the General Land Office which are
consistent with state law:
(1)-(5)
(No change.)
(6)
Matagorda County (adopted February 13, 1995)
.
[
;
]
The General Land Office certifies that the Beach
User Fees section of the Matagorda County plan adopted by the Matagorda County
Commissioners Court on March 15, 1999, is consistent with state law.
(7)-(12)
(No change.)
(b)-(e)
(No change.)
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
May 24, 1999.
TRD-9903016
Larry R. Soward
Chief Clerk
General Land Office
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 305-9129