31 TAC §155.4, §155.15
The School Land Board (Board) adopts amendments to §155.4
relating to Permits and §155.15 relating to Fees without changes to the
proposed text published in the March 11, 2005, issue of the
Texas Register
(30 TexReg 1422). The permits that are the subject of
these amendments authorize continued use of previously unauthorized structures
on coastal public lands in accordance with Texas Natural Resources Code §§33.119
- 33.131. The amendment to §155.4(h) delegates authority to the commissioner
of the Texas General Land Office (Land Office) to approve a permit renewal
request without Board approval if the request is consistent with the criteria
as set forth in subsection (c) of §155.4, provided that the permit holder
has not made or proposed modifications to the permitted structure(s) that
constitute major repairs other than a modification that reduces the dimensions
of the structure(s). In addition, the amendments to §155.4(o) establish
procedures for competitive bids for issuance of permits for structures determined
to be abandoned or for which the permit was terminated by the board for cause.
The amendments to §155.15 establish filing fees and fees for bonus payments
for permits awarded on the basis of such competitive bids.
The Board received comments from one commentor from Houston, Texas. The
commentor stated that the cabin structures are unauthorized structures on
coastal public lands that are in effect "squatting" on state land. The Board
disagrees with the commentor. Through the enactment of the Coastal Public
Lands Management Act of 1973 (Acts 1973, 63rd Leg., p. 413, ch. 185, §10)
and later codified as Texas Natural Resources Code §§33.119 - 33.131,
the legislature specifically allowed the issuance of permits for the continued
use of previously unauthorized structures on coastal public lands. Cabin structures
that are the subject of permits issued by the Board are no longer "unauthorized."
The commentor also stated that the Board should not reissue permits for
cabin structures because they are unsightly and often in disrepair. The Board
disagrees with the commentor. While the Board acknowledges that, in some cases,
cabin structures may become dilapidated or derelict, Board regulations and
contract provisions require that all structures must be maintained in good
repair and safe condition, and must be kept in a clean and sanitary condition
acceptable to the state. Permit holders that violate these regulations are
subject to termination of their cabin structure permit. Cabin structures are
routinely inspected by personnel of the General Land Office to ensure compliance.
Board regulations also prohibit the issuance of a permit for a dilapidated
or derelict structure. A structure is considered "dilapidated" or "derelict"
if it is decayed, deteriorated, structurally unsound, fallen into partial
ruin, or has been abandoned either through neglect or misuse. Such derelict
structures are the specific problem that the adopted amendments are intended
to remedy. The adopted amendments allow the state to replace derelict structures
with new structures that meet the Board's regulations.
The commentor also stated that the state will receive a minimal amount
of money for abandoned structures that are fixed up. The Board disagrees with
the commentor. The adopted amendments provide for a bid process to enhance
the revenue from the program, including the payment of a bonus fee by a successful
bidder. The Board anticipates establishing a minimum bonus fee of $10,000
for the reissuance of permits for abandoned structures. The adopted amendments
also streamline the renewal process to make the program more cost efficient.
In addition, the board may condition the reissuance of permits under this
program on the removal of derelict structures, thus benefiting the state by
saving it the expense of paying for such removal costs.
The commentor stated that the policy of the state should be to work its
way out of the cabin structures while observing the permits currently in place.
The Board disagrees with the commentor. The legislature specifically authorized
the Board to issue permits allowing use of such structures and has indicated
its continued support of the structure cabin permit program through its appropriation
of funding for the program. The cabin structure permits provide for recreational
use and enjoyment of coastal public lands by the public. In addition, cabin
structure permit holders assist in monitoring the condition and management
of coastal public lands, and often provide valuable assistance in enforcement
actions.
The justification for these amendments is based on the fact that the Land
Office will be able to administer the permitted cabin structure program more
efficiently by streamlining the approval process for routine renewal requests
for cabin structure permits. The amendments will result in a reduction in
the time required for approval of routine renewal requests for cabin structure
permits. The competitive bid process for abandoned and terminated cabin structure
permits also provide public benefits that justify adoption of the amendments.
First, the process makes available to the public previously inactive permits
in a fair and impartial manner. Secondly, it provides additional revenue for
managing coastal public lands in the estimated amount of $55,000 each year,
increasing by approximately $5,000 each year. Finally, it provides a means
and method for removal of derelict structures at no coast to the state.
The Board has reviewed the amendments for consistency with the CMP's goals
and policies adopted as regulations of the Coastal Coordination Council (Council)
at 31 TAC §501.24 (relating to Policies for Construction of Waterfront
Facilities and Other Structures on Submerged Land). Since the requests for
renewal of cabin structure permits as well as those permits awarded as a result
of the competitive bid process must meet the same criteria as set forth in
subsection (c) of §155.4 for Board approval, the Board has determined
that the adopted amendments are consistent with applicable CMP goals and policies.
The amendments are adopted under the Texas Natural Resources
Code, §§33.119 - 33.131, providing that the Board may issue permits
authorizing limited continued use of previously unauthorized structures on
coastal public land; and 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 Texas Natural Resources Code,
Chapter 33.
Texas Natural Resources Code, §§33.119 - 33.131 are affected
by the adopted amendments.
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 May 6, 2005.
TRD-200501813
Larry L. Laine
Chief Clerk
School Land Board
Effective date: May 26, 2005
Proposal publication date: March 11, 2005
For further information, please call: (512) 305-8598