31 TAC §15.36
The General Land Office (GLO) proposes amendments to §15.36
relating to Certification Status of City of Galveston Dune Protection and
Beach Access Plan. The GLO proposes an amendment to §15.36 which documents
the status of the certification of the Dune Protection and Beach Access Plan
for the City of Galveston (City). On January 29, 2004, the City passed Ordinance
No. 04-020, which amended the City's plan to adjust the boundaries of the
Seawall Beach Urban Park to remove all properties north of the right-of-way
of Seawall Boulevard and expand the eastern and western boundaries of the
Seawall Beach Urban Park to 1st Street and 103rd Street, respectively. In
addition, on January 29, 2004, the City passed Ordinance No. 04-021, which
amended the City's plan to establish a beach user fees to be collected at
the Seawall Beach Urban Park. The ordinance establishes a maximum fee of $8.00
per vehicle per day with an optional $25.00 annual pass available. Specifically,
the ordinance provides for a fee structure for the south side of the Seawall
Beach Urban Park not to exceed $8.00 per vehicle daily and a fee structure
for the north side of the Seawall Beach Urban Park as follows: the first one-half
hour free, then $1.00 per hour in specified zones, and $2.00 per hour in beach
access zones, not to exceed $8.00 per vehicle per day. The City has committed
to implementing this plan in a manner that provides free parking at a minimum
of thirty percent (30%) of the parking spaces within the Seawall Beach Urban
Park and to ensure that all areas of the public beach adjacent to the Seawall
Beach Urban Park are within one-quarter of a mile of free parking spaces.
The fees were established because the City needs additional funds to pay for
the cost of beach-related services and facilities provided by the City and
to help fund beach nourishment projects. The GLO has determined the increased
fees are reasonable and necessary for the City to continue to fund and provide
adequate beach-related services and facilities to the public. The GLO is proposing,
therefore, to certify as consistent with state law the amendments to the City's
plan that adjust the boundaries of the Seawall Beach Urban Park and establish
a beach user fees to be collected at the Seawall Beach Urban Park. The GLO
is not proposing any other changes to the certification status of the City
of Galveston plan, as currently summarized in §15.36.
Bill Peacock, Deputy Commissioner for the GLO's Coastal Resources Division,
has determined that for each year of the first five years the amended section
as proposed is in effect there will be no fiscal implications for the state
government as a result of enforcing or administering the amended or new sections.
There will be a fiscal impact on the City as a result of enforcing or administering
the amended section. The City will experience an increase in net revenue estimated
at between $600,000 and $800,000 for each year of the first five years the
amended section as proposed is in effect as a result of the new beach user
fees to be collected at the Seawall Beach Urban Park.
Mr. Peacock has determined that the proposed rule changes will have an
affect on the costs of compliance for small businesses or persons required
to comply with the regulations. The beach user fees to be collected at the
Seawall Beach Urban Park may increase the cost per employee of small business
that do not have private parking by an amount of $25 per year per employee
based on the cost of a $25 annual parking pass. In contrast, the largest business
affected by the amended rule may experience no increased costs of compliance
due to the availability of private parking at such large businesses. The City
has mitigated or reduced this adverse economic impact by providing, for a
limited time, free annual passes to any interested person.
Individuals required to comply with the City's amended plan establishing
a beach user fee to be collected at the Seawall Beach Urban Park will experience
increased costs for parking of up to $8.00 per day, depending on the location
and length of time parked, with the option of a $25.00 annual pass.
Mr. Peacock has also determined the public will benefit from the increase
in the beach user fees collected by the City because the increased fees are
necessary for the City of Galveston to continue to fund and provide adequate
and improved beach-related services to the public including funding for beach
nourishment, additional beach patrol towers, expanded beach cleaning, enhanced
and additional portable restroom facilities, additional off duty police officers
in high need areas, and customer service zones with permanent restrooms, waste
cans, and concessionaires.
The GLO has determined a local employment impact statement on these proposed
regulations is not required, because the proposed regulations will not adversely
affect any local economy in a material manner for the first five years they
will be in effect.
The proposal to amend §15.36 concerning Certification Status of City
of Galveston Dune Protection and Beach Access Plan is subject to the Coastal
Management Program (CMP), 31 TAC §505.11(a)(1)(J), relating to the Actions
and Rules Subject to the CMP. The Land Office has reviewed these proposed
actions for consistency with the CMP's goals and policies in accordance with
the regulations of the Coastal Coordination Council (Council). The proposed
actions are consistent with the Land Office's beach/dune rules that the Council
has determined to be consistent with the CMP. Consequently, the Land Office
has determined that the proposed actions are consistent with applicable CMP
goals and policies. The proposed amendments will be distributed to council
members in order to provide them an opportunity to provide comment on the
consistency of the proposed new rules during the comment period.
The GLO has evaluated the proposed amendment to determine whether Texas
Government Code, chapter 2007, is applicable and a detailed takings impact
assessment required. The GLO has determined the proposed rule does 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.
Furthermore, the GLO has determined the proposed rule changes would not affect
any private real property in a manner that restricts or limits the owner's
right to the property that would otherwise exist in the absence of the rule
amendments or new rules being proposed.
Comments may be submitted to Ms. Debbie Cantu, Texas Register Liaison,
Texas General Land Office, Legal Services Division, P.O. Box 12873, Austin,
TX 78711-2873; facsimile number (512) 463-6311; email address debbie.cantu@glo.state.tx.us.
Comments must be received no later than 5:00 p.m., 30 (thirty) days after
the proposed amendments are published. Copies of the local government dune
protection and beach access plans and any amendments to those plans are available
from the local governments and from the General Land Office's Archives Division,
Texas General Land Office, P.O. Box 12873, Austin, TX 78711-2873, phone number
(512) 463-5277.
These amendments are proposed under Texas Natural Resources Code,
Chapter 61, §61.011(d), which authorizes the GLO to adopt rules related
to the certification of beach access and use plans; §61.015(b), which
provides that certification of local government plans shall be by adoption
into the beach/dune rules; and §61.022(c), which requires the GLO to
certify the consistency of vehicular plans and fees by adoption into the beach/dune
rules.
Texas Natural Resources Code §§61.011, 61.015, 61.022, and 61.070
are affected by the proposed amendments.
§15.36.Certification Status of City of Galveston Dune Protection and Beach Access Plan.
(a) - (d)
(No change.)
(e)
The General Land Office certifies as consistent
with state law the amendment to the City of Galveston's plan that was adopted
by the City Council of the City of Galveston on January 29, 2004, Ordinance
No. 04-020. The ordinance amended the plan to adjust the boundaries of the
Seawall Beach Urban Park to remove all properties north of the right-of-way
of Seawall Boulevard and expand the eastern and western boundaries of the
Seawall Beach Urban Park.
(f)
The General Land Office certifies as consistent
with state law the amendment to the City of Galveston's plan that was adopted
by the City Council of the City of Galveston on January 29, 2004, Ordinance
No. 04-021. The ordinance amended the plan to establish beach user fees to
be collected at the Seawall Beach Urban Park.
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 February 13, 2004.
TRD-200401013
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Earliest possible date of adoption: March 28, 2004
For further information, please call: (512) 305-8598