EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the code. [Brackets] indicate deletion of existing material within a section. TITLE 31. NATURAL RESOURCES AND CONSERVATION PART I. General Land Office CHAPTER 15. Coastal Area Planning SUBCHAPTER A. Management of the Beach/Dune System 31 TAC sec.15.13 The General Land Office adopts on an emergency basis new sec.15.13, concerning emergency provisions for the emergency stabilization and repair of damaged habitable structures in imminent danger of collapse located on property fronting the Gulf of Mexico. The General Land Office has identified areas where structures are in imminent danger of collapse in Galveston and Brazoria counties. Coastal local governments may identify other areas where habitable structures are in imminent danger of collapse and request authorization to allow emergency stabilization of habitable structures as authorized by this rule in subsection (h) after informing the General Land Office and the Office of the Attorney General of the identified areas. Upon receipt of such notification, the General Land Office and the Office of the Attorney General will send written notice of the eligibility of the identified areas. The section is adopted on an emergency basis due to the imminent peril to the public health, safety and welfare caused by high tides and erosion resulting from Tropical Storm Frances. As a result of Tropical Storm Frances, September 9-12, 1998, extreme tides which greatly exceeded normal levels caused substantial coastal flooding and erosion. The structural integrity of many homes in Galveston and Brazoria counties has been severely impacted as a result of these natural forces. Following the landfall of Tropical Storm Frances, concerned citizens along the Texas coast requested immediate assistance from the General Land Office. General Land Office staff met with local government staff and officials and determined the necessity for an emergency rule allowing for the emergency stabilization of habitable structures in imminent danger of collapse and providing for the temporary suspension of the permit and certificate application requirements for these emergency stabilization techniques and methods. The General Land Office has determined that a takings impact assessment (TIA), pursuant to sec.2007.043 of the Texas Government Code, is not required for the adoption of this amendment because the rule is adopted in response to a real and substantial threat to public health, safety, and welfare. An analysis of the applicability of the exemption from the TIA requirement has been prepared and is available from Ms. Carol Milner, General Land Office, Legal Services Division, 1700 North Congress Avenue, Room 630, Austin, Texas 78701-1495, facsimile number (512) 463-6311. The new section is adopted on an emergency basis under the Texas Natural Resources Code, sec.sec.63.121, 61.011, and 61.015(b), which provides the General Land Office with the authority to: identify and protect critical dune areas; preserve and enhance the public's right to use and have access to and from Texas' public beaches; protect the public easement from erosion or reduction caused by development or other activities on adjacent land; and other minimum measures needed to mitigate for adverse effects on access to public beaches and the beach/dune system. The new section is also adopted pursuant to the Texas Natural Resources Code, sec.33.601, which provides the General Land Office with the authority to adopt rules on erosion, and the Texas Water Code, sec.16.321, which provides the General Land Office with the authority to adopt rules on coastal flood protection. sec.15.13. Emergency Stabilization of Habitable Structures in Imminent Danger of Collapse due to Extreme Tides as a result of Tropical Storm Frances, September 9-12, 1998. (a) Purpose. The purpose of this rule is to allow local governments to grant property owners the immediate ability to undertake emergency stabilization of damaged habitable structures which are on property fronting the Gulf of Mexico and are in imminent danger of collapse due to extreme tides during Tropical Storm Frances. (b) Applicability. This rule applies only to areas designated in this emergency rule or those areas that received approval from the General Land Office and Office of the Attorney General as provided in subsection (h) of this section. This rule shall be in effect for 30 days from the date of filing with the Office of the Secretary of State and may be extended by the Land Commissioner for additional 30-day periods as necessary to protect public health, safety and welfare. (c) Definitions. The following words and terms, as used in this section, shall have the following meanings: (1) Habitable structures. Structures suitable for human habitation including, but not limited to, single or multi-family residences, hotels, condominium buildings, and buildings for commercial purposes. Each building of a condominium regime is considered a separate habitable structure, but if a building is divided into apartments, then the entire building, not the individual apartments, is considered a single habitable structure. Additionally, a habitable structure includes porches, gazebos, and other attached improvements. (2) Imminent danger of collapse. Subject to imminent collapse, substantial structural damage, or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding normally anticipated cyclical levels. (3) Emergency stabilization. The immediate response actions that must be undertaken to stabilize a habitable structure to eliminate danger and public threat to health, safety and welfare. (d) Local government assessment. (1) The local governments with jurisdiction over areas where habitable structures in imminent danger of collapse are located are responsible for assessing damage to such habitable structures, determining whether the habitable structures are in imminent danger of collapse, advising property owners whether emergency stabilization procedures are required, and determining appropriate emergency stabilization procedures. (2) The permit and certificate application requirements of sec.15.3(s)(4) of this title (relating to Administration) are not applicable to the emergency stabilization of habitable structures in imminent danger of collapse; however, all property owners eligible to undertake emergency stabilization efforts must receive prior approval for such actions from the local government officials responsible for approving such actions. Generally, property that is not fronting the Gulf of Mexico is not eligible for emergency stabilization unless the pertinent local government designates such eligibility pursuant to subsection (h) of this section (concerning expansion of geographic area). Any action that is not necessary for the emergency stabilization of such habitable structures will require a permit and/or certificate before such action is undertaken. (3) The local governments authorizing emergency stabilization of structures in imminent danger of collapse shall compile and maintain a list of the names and addresses of the property owners that receive such authorization. Within one week of the expiration of this rule, local governments shall submit to the General Land Office and the Office of the Attorney General copies of the list. (e) Acceptable procedures for emergency stabilization of habitable structures. (1) Habitable structures determined by the local government to be in imminent danger of collapse may be temporarily stabilized using the following: (A) fill (placed under habitable structures) consisting of beach-quality sand, clay and other locally approved "soft" materials that have a consistent grain size and that will compact to stabilize the habitable structure; (B) the installation of new pilings; and/or (C) other methods approved by local government officials. (2) Beach-quality sand may be placed on the lot in the area five feet seaward of the habitable structure where necessary to prevent further erosion due to wind or water. Such actions are authorized in situations where protection of the land immediately seaward of a habitable structure is required to prevent foreseeable undermining of habitable structures in the event of such erosion. (f) Removal of beach debris. Beach debris moved by wind or water can threaten Gulf-fronting properties. Local governments, therefore, shall coordinate with property owners to remove debris such as pilings, concrete and garbage from the public beach as soon as possible. (g) Repair of sewage or septic systems. If the Texas Department of Health or a local health department has made a determination that a sewage or septic system located on or adjacent to the public beach poses a threat to the health of the occupants of the property or public health, safety or welfare, and requires removal of the sewage or septic system, the sewage or septic system shall be located in accordance with sec.15.5(b)(1) of this title (relating to Beachfront Construction Standards) and sec.15.6(b) and sec.15.6(e)(1) of this title (relating to Concurrent Dune Protection and Beachfront Construction Standards). (h) Expansion of geographic area. Any local government may identify specific additional geographic areas within its jurisdiction along the Texas coast that require emergency stabilization of habitable structures in imminent danger of collapse as a result of Tropical Storm Frances and apply this emergency rule upon receipt of written concurrence from the General Land Office and the Office of the Attorney General. (i) Prohibitions. This emergency rule does not authorize the placement of materials on the public beach or construction or repair of any erosion response structures, bulkheads, retaining walls, rip rap or other hard stabilization techniques. Such actions are prohibited and/or governed by sec.sec.15.1 - 15.10 of this title (relating to Management of the Beach/Dune System). (j) Assessment of the location of the vegetation line. Due to the severe flooding caused by Tropical Storm Frances, the line of vegetation was impacted in many areas and now may be located across or landward of structures. Structures erected seaward of the vegetation line or that become seaward of the vegetation line due to natural processes encroach on the public beach. Under the circumstances immediately following this type of storm event, the vegetation line is unstable and subject to change. The Office of the Attorney General and the General Land Office, in cooperation with the pertinent local governments, will assess the location of the line of vegetation at a time to be determined in the future. Filed with the Office of the Secretary of State, on September 14, 1998. TRD-9814500 Garry Mauro Commissioner General Land Office Effective date: September 14, 1998 Expiration date: October 14, 1998 For further information, please call: (512) 305-9129 PART II. Texas Parks and Wildlife Department CHAPTER 65. Wildlife SUBCHAPTER A. Statewide Hunting and Fishing Proclamation Division 3. Seasons and Bag Limits--Fishing Provisions 31 TAC sec.65.72 The Texas Parks and Wildlife department adopts by emergency action amendment to sec.65.72 concerning Fish. The action changes bag and possession limits for red snapper. Bag and possession limits for red snapper are reduced to zero and are effective for the period September 30, 1998 through December 31, 1998. In March 1997, the Texas Parks and Wildlife Commission delegated to the executive director the duties and responsibilities to take action as necessary to modify state coastal fisheries regulations to conform with federal regulations in the Exclusive Economic Zone, when such action is deemed to be in the best interest of the State of Texas. These regulation changes for red snapper caught in state waters correspond to those regulations implemented by the Gulf of Mexico Fishery Management Council to be effective on September 30, 1998, for red snapper caught in federal waters where most of the red snapper fishery occurs. This would enhance conservation of the species, insure consistency in regulation enforcement and reduce confusion for anglers. The emergency rule is adopted under authority of Parks and Wildlife Code, Uniform Wildlife Regulatory Act, Section 61.054 and Chapter 79, Extended Fishery Jurisdiction, Section 79.002. sec.65.72. Fish. (a) (No change.) (b) Bag, possession, and length limits. (1) (No change.) (2) There are no bag, possession, or length limits on game or non-game fish, except as provided in these rules. (A) (No change.) (B) Statewide daily bag and length limits shall be as follows: Figure: 31 TAC sec.65.72(b)(2)(B). (C) (No change.) (c) (No change.) Filed with the Office of the Secretary of State, on September 10, 1998. TRD-9814397 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Effective date: September 30, 1998 Expiration date: December 31, 1998 For further information, please call: (512) 389-4642