CHAPTER 25. BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM
The General Land Office (GLO) proposes amendments to §25.13 relating to extent of state assistance available to cities and counties as reimbursement for cleaning and maintenance of public beach. An amendment to §25.13(a) provides that cities and counties that qualify for eligibility under Texas Natural Resources Code §§61.068 - 61.070 may receive up to two-thirds reimbursement for eligible expenses to clean and maintain public beaches owned or managed by the Texas Parks and Wildlife Department (TPWD) where the city or county has provided a copy of the department's written authorization to perform such cleaning and maintenance. An amendment to §25.13(b) provides that cities that qualify for eligibility under Texas Natural Resources Code §61.080 and counties that qualify for reimbursement under Texas Natural Resources Code §61.081, but do not qualify for eligibility under Natural Resources Code §§61.068 - 61.070, may receive up to 40% reimbursement for eligible expenses to clean and maintain public beaches owned or managed by the TPWD where the city or county has provided a copy of the department's written authorization to perform such cleaning and maintenance. An amendment to §25.13(c) corrects a reference to the Natural Resources Code.
BACKGROUND AND ANALYSIS OF PROPOSED RULES
The purpose of the amendments to §25.13 is to allow cities and counties to receive reimbursement for eligible expenses incurred in performing beach cleaning and maintenance on public beaches that are owned or managed by the TPWD that are within the boundaries of the city or county. The current §25.13 allows reimbursement to a local government for the cleaning and maintenance of public beaches that are not in the jurisdiction of another governmental entity. The duty and responsibility of cities and counties bordering on the Gulf of Mexico to clean and maintain public beaches are mutually exclusive under the provisions of Texas Natural Resources Code §61.065 and §61.066. In contrast, the responsibility to clean and maintain beaches within state parks is not exclusive to the state. Texas Natural Resources Code §61.067 authorizes the GLO to adopt rules and procedures for cleaning beaches in state parks in consultation with TPWD. Section 61.067 does not prohibit reimbursement of a local government for cleaning beaches on property owned or managed by TPWD. Amendments are proposed to §25.13 to allow reimbursement to the local government where the beach maintenance is authorized by the TPWD.
FISCAL AND EMPLOYMENT IMPACTS
Jodena Henneke, Deputy Commissioner of Coastal Resources, has determined that for each year that the amended §25.13 are in effect, there will be no fiscal implications to state government. The Beach Maintenance Fund is a legislative appropriation from the general revenues of the State of Texas. Therefore, the amount of funds expended by the state for purposes of the Beach Maintenance Fund Reimbursement Program are limited to the appropriated amount. The fund, less 10% for administrative purposes, is disbursed to cities and counties in a fair and impartial manner under the procedures and accounting methods adopted in §25.4 and §25.15.
When the amendments to §25.13 go into effect, there could be a fiscal impact on all Beach Maintenance Fund Reimbursement Program participants if a single local government receives authorization from TPWD to maintain beaches inside an area owned or managed by the department. Pursuant to §25.4, relating to the Allocation of Available Funds, the Land Office allocates twenty-five percent of the funds available for distribution by determining each participant's proportionate share of total linear footage of gulf beach in relation to the footage of gulf beaches cleaned and maintained by all participants. Thus, should the linear footage of beach maintained by a single local government expand to encompass beaches inside an area owned or managed by the department, the proportionate share of total gulf beach cleaned by each participant would change thereby affecting all disbursements.
Ms. Henneke also determined that there will be no additional costs of compliance for large and small businesses or individuals resulting from the proposed amendments. The amendments only affect reimbursements to local governments for eligible expenses.
The GLO has determined that 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 that the rule change will be in effect.
PUBLIC BENEFIT
Ms. Henneke also determined that every year for the first five-year period the proposed amendments are in effect, that the public will benefit from the proposed changes because cleaning and maintenance activities initiated by local governments in public beaches owned or managed by the TPWD will reduce conditions that pose a risk to the safety and personal health of beach visitors. Furthermore, the collection and removal of litter and debris can result in increased tourism thereby providing local businesses and government with the potential to boost tourism revenues.
ENVIRONMENTAL REGULATORY ANALYSIS
The GLO has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. A "major environmental rule" is a rule specifically intended to protect the environment or reduce the risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
The GLO has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT REQUEST
To comment on the proposed rulemaking, please send a written comment to Mr. Walter Talley, Texas Register, Liaison, Texas General Land Office, P.O. Box 12873, Austin, TX 78711, facsimile number (512) 463-6311 or email to walter.talley@glo.state.tx.us. Written comments must be received no later than 5:00 p.m., thirty (30) days from the date of publication of this proposal.
STATUTORY AUTHORITY
The amendments are proposed under Texas Natural Resources Code §61.067, which authorizes the GLO to adopt rules for cleaning beaches in state parks and rules reasonably necessary to perform its duties under Texas Natural Resources Code Chapter 61, Subchapter C, pertaining to maintenance of public beaches.
Texas Natural Resources Code §§61.068 - 61.070 are affected by the proposed amendments.
§25.13.Extent of State Assistance.
(a) Cities and counties that [which]
qualify for eligibility under the Natural Resources Code, §§61.068
- 61.070, may receive up to, but no greater than two-thirds reimbursement
for eligible expenses incurred in cleaning and maintaining public
beaches within such cities and counties that [which]
are not under the jurisdiction of another governmental entity. However,
cities and counties may receive reimbursement under this subsection
for eligible expenses to clean and maintain public beaches within
an area owned or managed by the Texas Parks and Wildlife Department
(department) if the department authorizes the applicant to maintain
the public beaches within the area owned or managed by the department.
The applicant must submit documentation of such authorization to the
land office. Reimbursement under this subsection is limited to public
beaches lying within the boundaries of such cities and counties.
(b) Cities qualifying for eligibility under the Natural Resources Code, §61.080, or counties qualifying for eligibility under the Natural Resources Code, §61.081, and which do not qualify for eligibility under the Natural Resources Code, §§61.068 - 61.070, may receive up to 40% reimbursement for eligible expenses incurred in cleaning and maintaining public beaches within their boundaries, but not under the jurisdiction of another governmental entity. However, cities and counties may receive reimbursement under this subsection for eligible expenses to clean and maintain public beaches within an area owned or managed by the department if the department authorizes the applicant to maintain the public beaches within the area owned or managed by the department. The applicant must submit documentation of such authorization to the land office. Reimbursement under this subsection is limited to public beaches lying within the boundaries of such cities and counties.
(c) Monies received by an eligible coastal municipality
under the Tax Code, §156.2511, shall be included as part of the
state share as required by the Texas Natural Resources Code, §61.076(c)(2),
and must be spent on cleaning and maintaining the beach as required
by the Tax Code, §156.2511(b); however, these funds are not eligible
for reimbursement from the BMFP program as specifically prohibited
by the Texas Natural Resources [Resource
] Code, §61.076(c)(1).
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 July 14, 2008.
TRD-200803589
Trace Finley
Deputy Commissioner, Policy and Governmental Affairs
General Land Office
Earliest possible date of adoption: August 24, 2008
For further information, please call: (512) 475-1859