SB 1717

relating to the terminology used in statute to refer to the
partially landlocked body of water on the southeastern periphery of
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GULF OF AMERICA STATUTORY LANGUAGE INITIATIVE
SECTION 1.01.  Subtitle D, Title 4, Government Code, is
amended by adding Chapter 452 to read as follows:
CHAPTER 452. GULF OF AMERICA STATUTORY LANGUAGE INITIATIVE
Sec. 452.001.  FINDINGS AND INTENT.  The legislature finds
that language used in reference to the partially landlocked body of
water on the southeastern periphery  of the North American
continent, commonly referred to as the "Gulf of Mexico" is
inaccurate and outdated. It is the intent of the legislature to
establish preferred terminology for new and revised laws by
requiring the use of language that accurately describes this region
of the North American continent.
Sec. 452.002.  USE OF GULF OF AMERICA STATUTORY LANGUAGE
REQUIRED.  (a) The legislature and the Texas Legislative Council
are directed to avoid using the term "Gulf of Mexico" in any new
statute or resolution as sections including as sections including
that term are otherwise amended by law.
(b)  In enacting or revising statutes or resolutions, the
legislature and the Texas Legislative Council are directed to
replace, as appropriate, the term "Gulf of Mexico" with the term
SECTION 1.02.  Chapter 325, Government Code, is amended  by
adding Sections 325.0128 and 325.0129 to read as follows:
Sec. 325.0128.  REVIEW OF AGENCIES FOR USE OF GULF OF AMERICA
STATUTORY LANGUAGE.  (a) As part of its review of a state agency,
the commission shall consider and make recommendations regarding
the statutory and regulatory revisions necessary to use the phrase
"Gulf of America" instead of "Gulf of Mexico."
(b)  As part of its review of an agency, the commission shall
consider and recommend, as appropriate, statutory revisions in
accordance with the Gulf of America statutory language initiative
Sec. 325.0129.  GULF OF AMERICA STATUTORY LANGUAGE
PROMOTION.  The executive commissioner of each state agency or
commission shall ensure that the agency or commission use the term
listed as preferred under the Gulf of America statutory language
initiative in Chapter 452 when proposing, adopting, or amending the
commission's or agency's rules, reference materials, publications,
ARTICLE 2. AGRICULTURE CODE PROVISIONS
SECTION 2.01.  Section 47.051(2), Agriculture Code, is
(2)  "Coastal waters" means all the salt water of the
state, including the portion of the Gulf of America [Gulf of Mexico]
that is within the jurisdiction of the state.
ARTICLE 3. ALCOHOLIC BEVERAGE CODE PROVISIONS
SECTION 3.01.  Section 251.742(b), Alcoholic Beverage Code,
(b)  This section applies only to a municipality that:
(1)  has a population of 15,000 or more; and
(2)  is located in two counties one of which:
(A)  has a population of 340,000 or more;
(B)  contains a municipality in which at least 85
percent of the county's population resides; and
(C)  borders the Gulf of America [Gulf of Mexico].
ARTICLE 4. CIVIL PRACTICE AND REMEDIES CODE PROVISIONS
SECTION 4.01.  Section 15.0181(a)(5), Civil Practice and
Remedies Code, is amended to read as follows:
(5)  "Inland waters" means the navigable waters
shoreward of the navigational demarcation lines dividing the high
seas from harbors, rivers, the Gulf Intracoastal Waterway, and
other inland waters of Texas, Louisiana, Mississippi, Alabama,
Arkansas, Tennessee, Missouri, Illinois, Kentucky, or Indiana or of
Florida along the Gulf of America [Gulf of Mexico] shoreline of
Florida from the Florida-Alabama border down to and including the
shoreline of Key West, Florida. The term does not include the Great
SECTION 4.02.  Section 18.033(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a)  In a dispute between the State of Texas and an upland
owner of property fronting on the Gulf of America [Gulf of Mexico]
and the arms of the Gulf of America [Gulf of Mexico] within the
boundaries of the State of Texas, the maps, surveys, and property
descriptions filed in the General Land Office in connection with
any conveyance by the state or any predecessor government by
patent, deed, lease, or other authorized forms of grant shall be
presumed to accurately depict the boundary between adjacent upland
owners and the state-owned submerged lands.
SECTION 4.03.  Section 21.021, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 21.021.  APPLICATION.  This subchapter applies to a
(1)  is part of two or more judicial districts, that has
two or more district courts with regular terms, and that is part of
a district in which a county borders on the international boundary
of the United States and the Republic of Mexico;
(2)  borders on the international boundary of the
United States and the Republic of Mexico and that is in a judicial
district composed of four counties;
(3)  borders on the international boundary of the
United States and the Republic of Mexico and that has three or more
district courts or judicial districts wholly within the county; or
(4)  borders on the Gulf of America [Gulf of Mexico] and
that has four or more district courts or judicial districts of which
two or more courts or districts are wholly within the county.
SECTION 4.03.  Section 78.052 Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 78.052.  APPLICABILITY OF SUBCHAPTER:  MARINE FIRE
EMERGENCY.  This subchapter applies only to damages for personal
injury, death, or property damage arising from an error or omission
(1)  a nonprofit fire department providing services to
respond to marine fire emergencies under contract to a governmental
unit, if the error or omission occurs in responding to a marine fire
(A)  on the navigable waters of this state;
(B)  in any place into which a vessel enters or
from which a vessel departs the waterway leading to that place from
the Gulf of America [Gulf of Mexico] or the Gulf Intracoastal
(C)  on property owned or under the control of the
(D)  at the request of the governmental unit in
the interest of public safety; or
(2)  a fire fighter providing services described by
ARTICLE 5. VERNON'S CIVIL STATUTES PROVISIONS
SECTION 5.01.  Section 1, Chapter 311 (H.B. 558), Acts of the
55th Legislature, Regular Session, 1955 (Article 5421b-1, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1.  All or any part of the Public Lands belonging to the
State situated in and under the bed of Caddo Lake and the
tributaries thereto and all or any part of such lands adjacent
thereto shall be subject to lease for mineral development by the
Commissioner of the General Land Office to any person, firm or
corporation in accordance with the provisions of existing or future
laws pertaining to the leasing and development of all islands,
salt-water lakes, bays, inlets, marshes and reefs, owned by the
State within tidewater limits, and that portion of the Gulf of
America [Gulf of Mexico] within the jurisdiction of Texas, and all
unsold public free school land, both surveyed and unsurveyed, in so
far as same are not in conflict herewith.
SECTION 5.02.  Section 1, Chapter 10 (H.B. 134), Acts of the
47th Legislature, Regular Session, 1941 (Article 5421c-4, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1.  The School Land Board, created by House Bill No. 9
of the Forty-sixth Legislature (being Title: Public Lands, Chapter
3, of the General Laws of the Forty-sixth Legislature, 1939,) is
hereby authorized to grant and issue easements or surface leases to
the United States of America in accordance with the conditions
hereinafter set out, on any island, salt water lake, bay, inlet, or
marsh within tidewater limits, and that portion of the Gulf of
America [Gulf of Mexico] within the jurisdiction of the State of
Texas, to be used exclusively for any purpose essential to the
SECTION 5.03.  Section 1, Chapter 287 (S.B. 454), Acts of the
47th Legislature, Regular Session, 1941 (Article 5366a, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1.  In each case in which an oil and gas mineral lease
has heretofore been granted or may hereafter be granted by the State
of Texas on an area covered by the coastal waters of the State or
within the Gulf of America [Gulf of Mexico] and in which the War
Department of the United State refuses to grant a permit to the
lessee or owner of such lease to drill a well thereon for oil, gas or
other minerals (the area included in such lease being within the
navigable waters of the United States) and in the event the primary
term of such lease should expire during the period of time in which
the War Department of the United States may continue to refuse to
issue such permit, then and in such event the primary term of such
lease is hereby extended for successive periods of one (1) year from
and after the end of the original primary term of such lease while
and so long as the War Department may continue such refusal to issue
to the lessee or to the owner of such lease a permit to drill for
oil, gas or other minerals, on the area covered thereby; provided,
that in order to make such extensions effectual the lessee or the
owner of such lease shall, during each of the annual periods during
which the primary term of the lease is so extended, apply to and
seek to obtain from the War Department a permit to drill a well for
oil, gas or other minerals on the area covered by such lease and be
unsuccessful in its attempts to obtain a permit, or, if successful
in obtaining a permit, commence operations for drilling a well upon
the leased premises within sixty (60) days after obtaining such
permit; and provided further that the lessee or the owner of such
lease continues to pay the annual renewal rentals at the rate
provided for in such lease for the period of time involved in such
extensions. Should such lease be so extended and should the War
Department at any time while such lease is still in force and effect
issue a permit to the lessee or to the owner of such lease to drill a
well thereon for oil, gas or other minerals, such lease shall
continue in force and effect if the lessee commences drilling
operations upon the leased premises within sixty (60) days after
obtaining such permit, and so long as the lessee or the owner of
such lease shall continue to conduct drilling or mining operations
thereon, or if oil, gas or other mineral be discovered thereon by
the lessee or the owner of such lease, so long as oil, gas or other
mineral is produced from such leased premises. Should the
production of oil, gas or other mineral on said leased premises
after once secured, cease from any cause, such lease shall not
terminate if the lessee or owner of such lease commences additional
drilling, reworking or mining operations within thirty (30) days
thereafter or if it be within the original primary term of such
lease, commences or resumes the payment or tender of rental on or
before the rental paying date, if any, next ensuing; but if there be
no rental paying date next ensuing, the lease shall in no event
terminate prior to the expiration of the primary term.
SECTION 5.04.  Section 1, Chapter 314 (S.B. 326), Acts of the
56th Legislature, Regular Session, 1959 (Article 5337-2, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1.  The Commissioner of the General Land Office is
hereby authorized and empowered, acting for and on behalf of the
State of Texas, to execute any and all grants of easements in, on,
and across all unsold Public Free School Lands, and in, on, and
across all islands, salt water lakes, bays, inlets, marshes, and
reefs owned by the state within the tidewater limits, and in, on,
and across that portion of the Gulf of America [Gulf of Mexico]
within the jurisdiction of Texas, to Nueces County Water Control
and Improvement District Number 4 for right-of-ways for pipe lines
and for the installation of all works, facilities, and appliances,
in any and all manners incident to, helpful or necessary for
securing, storing, processing, treating, transporting, and selling
an adequate supply of fresh water; provided, however, said Nueces
County Water Control and Improvement District Number 4 shall pay
the sum of Ten Dollars ($10.00) as consideration for the granting of
ARTICLE 6. EDUCATION CODE PROVISIONS
SECTION 6.01.  Section 155.001(2), Education Code, is
(2)  "Commission" means the regional planning
commission, council of governments, or similar regional planning
agency created under Chapter 391, Local Government Code, whose
membership includes the most populous county that borders on the
Gulf of America [Gulf of Mexico] or on a bay or inlet of the Gulf of
SECTION 6.02.  Section 155.003(c), Education Code, is
(c)  The commission and advisory committee may cooperate,
coordinate, and share information with a governmental entity or
postsecondary educational institution in another state that
borders the Gulf of America [Gulf of Mexico].
ARTICLE 7. FAMILY CODE PROVISIONS
SECTION 7.01.  Section 107.106(a), Family Code, is amended
(a)  This section applies only to a county:
(1)  with a population of less than 500,000;
(2)  that is contiguous to the Gulf of America [Gulf of
Mexico] or a bay or inlet opening into the gulf and that borders the
(3)  that borders a county described by Subdivision
ARTICLE 8. GOVERNMENT CODE PROVISIONS
SECTION 8.01.  Section 490I,0110(b), Government Code, is
(b)  The broadband development office board of advisors is
composed of 10 members, appointed as follows:
(1)  two members appointed by the governor, including:
(A)  one member to represent the Texas Economic
Development and Tourism Office; and
(B)  one member of the public with experience in
telecommunications or broadband service;
(2)  three members appointed by the lieutenant
(A)  one member who resides in an urban area;
(B)  one member to represent the public primary
and secondary education community; and
(C)  one member who resides in a county that:
(i)  is adjacent to an international border;
(ii)  is located not more than 150 miles from
the Gulf of America [Gulf of Mexico]; and
(iii)  has a population of more than 60,000;
(3)  three members appointed by the speaker of the
house of representatives, including:
(A)  one member who resides in a rural area;
(B)  one member to represent the health and
(C)  one member to represent the public higher
(4)  the comptroller or the comptroller's designee; and
(5)  one nonvoting member appointed by the broadband
development office to represent the office.
SECTION 8.02.  Section 1431.015(b), Government Code, is
(b)  Notwithstanding any other provision of this chapter or a
rating requirement prescribed by Chapter 1371, an issuer located
within 70 miles of the Gulf of America [Gulf of Mexico] or of a bay
or inlet of the gulf may authorize the issuance of an anticipation
note or other obligation in the event of an emergency. An
anticipation note or other obligation issued under this section is
an obligation under Chapter 1371, but is not required to be rated as
SECTION 8.03.  Section 1475.051, Government Code, is amended
Sec. 1475.051.  APPLICABILITY OF SUBCHAPTER.  This
subchapter applies only to a county adjacent to the Gulf of America
SECTION 8.04.  Section 1478.001, Government Code, is amended
Sec. 1478.001.  APPLICABILITY OF CHAPTER.  This chapter
(1)  is located on the Gulf of America [Gulf of Mexico];
(2)  has within its boundaries an island susceptible to
development for recreational purposes for the use and benefit of
SECTION 8.05.  Section 1502.057(c), Government Code, is
(c)  The board of trustees having management and control of a
utility system located in a county contiguous to the Gulf of America
[Gulf of Mexico] and bordering the United Mexican States may impose
and collect the charges authorized under this section for services
provided by the utility system.
SECTION 8.06.  Section 1502.070(a), Government Code, is
(a)  Management and control of a utility system may be vested
(1)  the municipality's governing body; or
(2)  a board of trustees named in the proceedings
adopted by the municipality and consisting of not more than:
(A)  five members, one of whom must be the mayor of
(B)  seven members, one of whom must be the mayor
of the municipality, if the municipality is located in a county
(i)  contains a municipality with a
population of at least 500,000; and
(ii)  is located on an international border;
(C)  seven members, one of whom must be the mayor
of the municipality, if the municipality is located in a county:
(i)  with a population of at least 375,000;
(ii)  that is located on an international
(iii)  that borders the Gulf of America
SECTION 8.07.  The heading to Subchapter A, Chapter 1505,
Government Code, is amended to read as follows:
SUBCHAPTER A. BONDS FOR HARBOR IMPROVEMENTS IN MUNICIPALITIES
BORDERING GULF OF AMERICA [GULF OF MEXICO]
SECTION 8.08.  Section 1505.001, Government Code, is amended
Sec. 1505.001.  APPLICABILITY OF SUBCHAPTER.  This
subchapter applies only to a municipality that borders the Gulf of
SECTION 8.09.  Section 1505.053, Government Code, is amended
Sec. 1505.053.  AUTHORITY FOR NAVIGATIONAL FACILITIES.  A
(1)  own, purchase, construct, operate, improve,
enlarge, repair, or maintain a bridge over or across any stream,
inlet, or arm of the Gulf of America [Gulf of Mexico] or entrance
canal to the deepwater port of the municipality that connects any of
the public streets, highways, or thoroughfares of the municipality;
(2)  own, purchase, construct, repair, maintain,
(A)  a wharf, pier, pavilion, or boathouse; or
(B)  a dam, dyke, or spillway with a road or bridge
on or over it to create a freshwater supply basin for domestic,
irrigation, and other purposes in the navigation district in which
the municipality is located or in a county adjacent to the
(3)  acquire, reclaim, reconstruct, or fill in any
submerged land along the waterfront of the municipality and
construct, operate, or maintain a water main, gas main, storm
sewer, sanitary sewer, sidewalk, street, or similar improvement in
(4)  construct a seawall, breakwater, or other shore
protection to protect the waterfront of the municipality; and
(5)  construct, reconstruct, maintain, operate, or
dredge a channel in connection with a deepwater port in aid of
navigation within the municipality.
SECTION 8.10.  Section 1505.102(1), Government Code, is
(1)  "Bridge or tunnel" means a bridge over, or a tube,
underpass, or tunnel under, any stream, inlet, or arm of the Gulf of
America [Gulf of Mexico] or entrance channel to the deepwater port
of a municipality that connects any public streets or thoroughfares
of, in, or to the municipality.
SECTION 8.11.  Section 1505.201, Government Code, is amended
Sec. 1505.201.  APPLICABILITY OF SUBCHAPTER.  This
subchapter applies only to a municipality that:
(1)  has a population of less than 12,000; and
(2)  is located on the Gulf of America [Gulf of Mexico]
or a channel, canal, bay, or inlet connected with that gulf.
SECTION 8.12.  Section 1506.101, Government Code, is amended
Sec. 1506.101.  APPLICABILITY OF SUBCHAPTER.  This
subchapter applies only to a municipality that:
(1)  is located on the Gulf of America [Gulf of Mexico]
or on a channel, canal, bay, or inlet connected to the Gulf of
(A)  more than 53,000 and less than 84,000; or
(B)  more than 115,000 and less than 160,000.
SECTION 8.13.  Section 2204.301, Government Code, is amended
Sec. 2204.301.  GRANT TO UNITED STATES.  The governor may
grant to the United States in accordance with this subchapter those
portions of the beds and banks of the Pecos and Devils rivers in Val
Verde County and of the Rio Grande in Brewster, Cameron, Hidalgo,
Hudspeth, Jeff Davis, Kinney, Maverick, Presidio, Starr, Terrell,
Val Verde, Webb, and Zapata counties:
(1)  for which title is vested in this state; and
(2)  that may be necessary or expedient in the
construction and use of the storage and flood control dams and their
resultant reservoirs, diversion works, and appurtenances provided
for in the Treaty Relating to the Utilization of the Waters of the
Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from
Fort Quitman, Texas, to the Gulf of America [Gulf of Mexico],
concluded by the United States and the United Mexican States on
ARTICLE 9. HEALTH AND SAFETY CODE PROVISIONS
SECTION 9.01.  Section 341.03571(b), Health and Safety Code,
(b)  This section applies only to a county, or a municipality
(1)  borders the United Mexican States or is adjacent
to a county that borders the United Mexican States;
(2)  has a population of at least 400,000 or has a
population of at least 20,000 and is adjacent to a county that has a
population of at least 400,000; and
(3)  is within 200 miles of the Gulf of America [Gulf of
SECTION 9.02.  Section 361.121(o), Health and Safety Code,
(o)  The commission may not issue a permit under this section
for a land application unit that is located both:
(1)  in a county that borders the Gulf of America [Gulf
(2)  500 feet or less from any water well or surface
SECTION 9.03.  Section 361.122, Health and Safety Code, is
Sec. 361.122.  DENIAL OF CERTAIN LANDFILL PERMITS.  The
commission may not issue a permit for a Type IV landfill if:
(1)  the proposed site is located within 100 feet of a
canal that is used as a public drinking water source or for
irrigation of crops used for human or animal consumption;
(2)  the proposed site is located in a county with a
population of more than 225,000 that is located adjacent to the Gulf
of America [Gulf of Mexico]; and
(3)  prior to final consideration of the application by
the commission, the commissioners of the county in which the
facility is located have adopted a resolution recommending denial
SECTION 9.04.  Sections 365.003(b) and (c), Health and
Safety Code, are amended to read as follows:
(b)  In this section, "beach" means an area in which the
public has acquired a right of use or an easement and that borders
on the seaward shore of the Gulf of America [Gulf of Mexico] or
extends from the line of mean low tide to the line of vegetation
bordering on the Gulf of America [Gulf of Mexico].
(c)  This section applies only to a county park located in a
county that has the Gulf of America [Gulf of Mexico] as one
boundary, but does not apply to a beach located in that park.
SECTION 9.05.  Section 366.012(a), Health and Safety Code,
(a)  To assure the effective and efficient administration of
this chapter, the commission shall:
(1)  adopt rules governing the installation of on-site
sewage disposal systems, including rules concerning the:
(A)  review and approval of on-site sewage
(B)  temporary waiver of a permit for an emergency
(2)  adopt rules under this chapter that:
(A)  encourage the use of economically feasible
alternative techniques and technologies for on-site sewage
disposal systems that can be used in soils not suitable for
conventional on-site sewage disposal;
(B)  address the separation of graywater, as
defined by Section 341.039, in a residence served by an on-site
(C)  allow for an adjustment in the size required
of an on-site sewage disposal system if the system is used in
conjunction with a graywater system that complies with the rules
(D)  require on-site sewage disposal systems,
including risers and covers, installed after September 1, 2012, to
be designed to prevent access to the system by anyone other than:
(i)  the owner of the system; or
(ii)  a person described by Section
(E)  for a county with a population of at least
350,000 and not more than 370,000 that is adjacent to the Gulf of
America [Gulf of Mexico] and adjacent to a county with a population
of at least 3.3 million, allow for the installation of aerobic drip
emitter systems on subdivided or platted properties less than
one-half acre in size serving single-family residences supplied by
a public drinking water system if site-specific planning materials
(i)  submitted by a licensed engineer or
(ii)  approved by the appropriate authorized
(F)  for a county with a population of more than
40,000 and less than 50,000 that borders the Red River along the
Oklahoma state line and has a major interstate road running through
it, allow for the installation of aerobic drip emitter systems on
subdivided or platted properties less than one-half acre in size,
serving single-family residences supplied by a public drinking
water system if site-specific planning materials have been:
(i)  submitted by a licensed engineer or
(ii)  approved by the appropriate authorized
SECTION 9.06.  Section 711.008(d), Health and Safety Code,
(d)  Subsection (a) does not apply to a cemetery established
and operating before September 1, 1995, in a county with a
population of more than 315,000 and less than 351,000 that borders
the Gulf of America [Gulf of Mexico].
SECTION 9.07.  Section 773.1141(a), Health and Safety Code,
(a)  This section applies only to a trauma service area
regional advisory council serving a geographic area that includes:
(1)  at least one county located on the international
(2)  at least one county adjacent to the Gulf of America
SECTION 9.08.  Section 775.021(a), Health and Safety Code,
(a)  This section applies only to a district located in whole
(1)  borders the Gulf of America [Gulf of Mexico]; and
(2)  has a population of less than 1.5 million.
ARTICLE 10. LOCAL GOVERNMENT CODE PROVISIONS
SECTION 10.01.  Section 42.021(c), Local Government Code, is
(c)  Subsection (b) applies to a municipality that has:
(1)  a population of 2,000 or more; and
(A)  entirely on a barrier island in the Gulf of
(B)  within 30 miles of an international border.
SECTION 10.02.  Section 42.0235(a), Local Government Code,
(a)  Notwithstanding Section 42.021, and except as provided
by Subsection (d), the extraterritorial jurisdiction of a
municipality with a population of more than 175,000 located in a
county that contains an international border and borders the Gulf
of America [Gulf of Mexico] terminates two miles from the
extraterritorial jurisdiction of a neighboring municipality if
extension of the extraterritorial jurisdiction beyond that limit
(1)  completely surround the corporate boundaries or
extraterritorial jurisdiction of the neighboring municipality; and
(2)  limit the growth of the neighboring municipality
by precluding the expansion of the neighboring municipality's
SECTION 10.03.  Section 43.017, Local Government Code, is
Sec. 43.017.  PROHIBITION AGAINST ANNEXATION TO SURROUND
MUNICIPALITY IN CERTAIN COUNTIES.  A municipality with a population
of more than 175,000 located in a county that contains an
international border and borders the Gulf of America [Gulf of
Mexico] may not annex an area that would cause another municipality
to be entirely surrounded by the corporate limits or
extraterritorial jurisdiction of the annexing municipality.
SECTION 10.04.  Section 43.0751(n), Local Government Code,
(n)  This subsection applies only to a municipality any
portion of which is located in a county that has a population of not
less than 315,000 and not more than 351,000 and that borders the
Gulf of America [Gulf of Mexico] and is adjacent to a county with a
population of more than 3.3 million.  A municipality may impose
within the boundaries of a district a municipal sales and use tax
authorized by Chapter 321, Tax Code, or a municipal hotel occupancy
tax authorized by Chapter 351, Tax Code, that is imposed in the
(1)  the municipality has annexed the district for
limited purposes under this section; or
(2)  following two public hearings on the matter, the
municipality and the district enter a written agreement providing
for the imposition of the tax or taxes.
SECTION 10.05.  Section 43.082, Local Government Code, is
Sec. 43.082.  ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND
OWNED BY NAVIGATION DISTRICT.  A municipality with a population of
less than 30,000, that is in a county that borders the Gulf of
America [Gulf of Mexico] and that is adjacent to a county with a
population of one million or more, and that seeks to annex land
owned by a navigation district operating under Section 59, Article
XVI, Texas Constitution, must have the consent of the district to
SECTION 10.06.  Section 43.902(a), Local Government Code, is
(a)  Land on an island bordering the Gulf of America [Gulf of
Mexico] that is not accessible by a public road or common carrier
ferry facility may not be annexed by a municipality without the
consent of the owners of the land.
SECTION 10.07.  Section 85.004(e), Local Government Code, is
(e)  The sheriff of a county that borders the Gulf of America
[Gulf of Mexico] may organize some of the reserve deputies to serve
as marine reserve deputies and lifeguards for beach and water
safety purposes and other related functions as the sheriff may
determine. A reserve deputy performing functions under this
subsection is subject to the laws of this state that relate to
reserve deputies except that they may not carry firearms in the
SECTION 10.08.  Section 118.026(a), Local Government Code,
(a)  The commissioners court of a county that borders the
United Mexican States and the Gulf of America [Gulf of Mexico] may
adopt a records technology and infrastructure fee as part of the
county's annual budget. The fee must be set and itemized in the
county's budget as part of the budget preparation process.
SECTION 10.09.  Section 152.032(d), Local Government Code,
(d)  The amount of the compensation and allowances of a
county auditor in a county subject to this subsection may be set in
an amount that exceeds the limit established by Subsection (a) if
the compensation and allowances are approved by the commissioners
court of the county.  This subsection applies only to:
(1)  a county with a population of 120,000 or more,
excluding a county subject to Subsection (b);
(2)  a county with a population of more than 1,000 and
less than 23,000 that borders the Gulf of America [Gulf of Mexico];
(3)  a county with a population of more than 11,000 and
(A)  borders a county with a population of more
(B)  has a population of more than 44,500 and less
SECTION 10.10.  Section 233.001(a), Local Government Code,
(a)  If the commissioners court of a county that borders the
Gulf of America [Gulf of Mexico] and is adjacent to a county with a
population of more than 3.3 million finds that a bulkhead or other
method of shoreline protection, hereafter called "structure," in an
unincorporated area of the county is likely to endanger persons or
property, the commissioners may:
(1)  order the owner of the structure, the owner's
agent, or the owner or occupant of the property on which the
structure is located to repair, remove, or demolish the structure
or the part of the structure within a specified time; or
(2)  repair, remove, or demolish the structure or the
part of the structure at the expense of the county on behalf of the
owner of the structure or the owner of the property on which the
structure is located and assess the repair, removal, or demolition
expenses on the property on which the structure was located.
SECTION 10.11.  Sections 240.901(b) and (d), Local
Government Code, are amended to read as follows:
(b)  A county bordering on the Gulf of America [Gulf of
Mexico] or on the tidewater limits of the gulf may determine the
boundaries of any flood-prone area of the county. The suitability
of that determination is conclusively established when the
commissioners court of the county adopts a resolution finding that
the area is a flood-prone area.
(d)  In this section, "flood-prone area" means an area that
is subject to damage from rising water or flooding from the Gulf of
America [Gulf of Mexico] or its tidal waters, including lakes,
SECTION 10.12.  Section 240.902(b), Local Government Code,
(b)  In this section, "public beach" means a beach located on
a bay or inlet of the Gulf of America [Gulf of Mexico] to which the
general public or a substantial part of the general public has free
SECTION 10.13.  Section 240.909(a), Local Government Code,
(a)  This section applies only to a county with a population
of 50,000 or less that borders the Gulf of America [Gulf of Mexico]
and in which is located at least one state park and one national
SECTION 10.14.  Section 240.910(a), Local Government Code,
(a)  This section applies only to a county located on an
international border and adjacent to the Gulf of America [Gulf of
SECTION 10.15.  Section 253.001(e), Local Government Code,
(e)  Subsection (b) does not apply to a conveyance of park
(1)  is owned by a home-rule municipality with a
population of less than 80,000 and that is located in a county
bordering the Gulf of America [Gulf of Mexico];
(3)  is part of a park that is 100 acres or less;
(4)  is sold or is conveyed as a sale to the owner of
(5)  is conveyed pursuant to a resolution or an
(A)  is adopted under this section;
(B)  requires the sale to be with an owner of
adjoining property for fair market value as determined by an
independent appraisal obtained by the municipality; and
(C)  has an effective date before December 31,
SECTION 10.16.  Section 254.001, Local Government Code, is
Sec. 254.001.  APPLICABILITY OF CHAPTER.  This chapter
applies only to a municipality located on a channel, canal, bay,
inlet, or lake connected to the Gulf of America [Gulf of Mexico].
SECTION 10.17.  Section 306.032(a), Local Government Code,
(a)  This section applies only to a home-rule municipality
that has a population of less than 80,000 and borders on the Gulf of
SECTION 10.18.  Section 307.001, Local Government Code, is
Sec. 307.001.  ELIGIBLE MUNICIPALITIES.  A municipality that
borders on the Gulf of America [Gulf of Mexico] and has a population
of 50,000 or more may use and occupy for park purposes gulf
tidelands and adjacent water as provided by this chapter.
SECTION 10.19.  Section 307.002(a), Local Government Code,
(a)  The municipality may use and occupy for park purposes
(A)  the lines of ordinary high tide and ordinary
low tide of the Gulf of America [Gulf of Mexico]; and
(B)  extensions into the gulf, not more than 1,000
feet apart, of property lines of property that is above and fronting
the tidelands and is owned or acquired by the municipality for park
purposes or in or to which the municipality has or may acquire
easements or other rights or privileges authorizing the
municipality to use or occupy the property for park purposes; and
(2)  the waters of the gulf adjacent to those
tidelands, and the gulf bed below those waters, for a distance not
to exceed 2,000 feet from the line of ordinary high tide.
SECTION 10.20.  Section 307.021(c), Local Government Code,
(1)  extend into the gulf for a distance of more than
2,000 feet from the line of ordinary high tide;
(2)  extend into any part of a channel deepened or
improved for commercial navigation or between the shoreline and any
(3)  extend into any arm, inlet, bay, or body of water
other than the main body of the Gulf of America [Gulf of Mexico].
SECTION 10.21.  Section 321.001(a), Local Government Code,
(a)  A county that borders on the Gulf of America [Gulf of
Mexico] and that has within its boundaries one or more islands or
parts of islands suitable for park purposes may act under this
chapter for the purpose of improving, equipping, maintaining,
financing, and operating one or more parks on those islands.
SECTION 10.22.  Section 321.101, Local Government Code, is
Sec. 321.101.  APPLICABILITY.  Notwithstanding Section
321.001, this subchapter applies only to:
(1)  a county described by Section 321.001; and
(2)  a county that borders on the Gulf of America [Gulf
of Mexico] and has within its boundaries a beach that:
(A)  is wholly or partly operated by the county as
(B)  is otherwise controlled or maintained by the
SECTION 10.23.  Section 351.081, Local Government Code, is
Sec. 351.081.  ESTABLISHMENT IN POPULOUS COUNTIES.  The
commissioners court of a county with a population of more than 3.3
million or a county that borders the Gulf of America [Gulf of
Mexico] may establish a department of county park rangers.
SECTION 10.24.  Section 351.083, Local Government Code, is
Sec. 351.083.  LAW ENFORCEMENT SERVICES IN COUNTY PARKS.
The department shall provide law enforcement services within the
county parks of the county and, in a county that borders the Gulf of
America [Gulf of Mexico], in the unincorporated areas of the county
that are located on an island or isthmus.
SECTION 10.25.  Section 351.084(b), Local Government Code,
(b)  The county park rangers have the same law enforcement
authority that is given by law to deputy sheriffs except that the
law enforcement jurisdiction of rangers is limited to the county
parks of the county and, in a county that borders the Gulf of
America [Gulf of Mexico], to the unincorporated areas of the county
that are located on an island or isthmus.
SECTION 10.26.  Section 375.182, Local Government Code, is
Sec. 375.182.  PROHIBITED USE OF FUNDS.  Funds may not be
spent, an assessment imposed, or a tax levied under this chapter to
finance the opening, reopening, or maintenance of a pass, canal, or
waterway across a barrier island connecting the Gulf of America
[Gulf of Mexico] with inland waters.
SECTION 10.27.  Section 382.002, Local Government Code, is
Sec. 382.002.  APPLICABILITY.  This chapter applies only to:
(1)  a county with a population of 1.5 million or more,
(A)  borders on the Gulf of America [Gulf of
Mexico] or a bay or inlet of the gulf; or
(B)  has two municipalities located wholly or
partly in its boundaries each having a population of 225,000 or
(2)  a county with a population of 70,000 or more that
is adjacent to a county described by Subdivision (1) in which a
municipality with a population of 90,000 or more is primarily
situated and includes all or a part of the extraterritorial
jurisdiction of a municipality with a population of 1.1 million or
SECTION 10.28.  Section 501.103, Local Government Code, is
Sec. 501.103.  CERTAIN INFRASTRUCTURE IMPROVEMENT PROJECTS.
In this subtitle, "project" includes expenditures that are found by
the board of directors to be required or suitable for
infrastructure necessary to promote or develop new or expanded
business enterprises, limited to:
(1)  streets and roads, rail spurs, water and sewer
utilities, electric utilities, or gas utilities, drainage, site
improvements, and related improvements;
(2)  telecommunications and Internet improvements; or
(3)  beach remediation along the Gulf of America [Gulf
SECTION 10.29.  Section 501.163(a), Local Government Code,
(a)  This section applies only to a corporation the creation
of which was authorized by a municipality that:
(1)  has a population of 10,000 or more;
(2)  is located in a county that borders:
(A)  the Gulf of America [Gulf of Mexico] or the
(B)  the United Mexican States and in which four
municipalities with a population of 70,000 or more are located; and
(3)  has, or is included in a metropolitan statistical
area of this state that has, an unemployment rate that averaged at
least two percent above the state average for the most recent two
consecutive years for which statistics are available.
SECTION 10.30.  Section 561.007(a), Local Government Code,
(a)  This section applies only to a county that:
(1)  has a population of 190,000 or more, is adjacent to
a county with a population of 3.3 million or more, and borders the
Gulf of America [Gulf of Mexico]; and
(2)  operates a road department system under Subchapter
D, Chapter 252, Transportation Code.
SECTION 10.31.  Section 561.008(a), Local Government Code,
(a)  The commissioners court of a county that borders the
Gulf of America [Gulf of Mexico], other than Jefferson, Kenedy,
Kleberg, Nueces, Orange, or Willacy County, may:
(2)  issue bonds, time warrants, or certificates of
indebtedness of the county to pay for the construction; and
(3)  impose ad valorem taxes to pay the bonds,
SECTION 10.32.  Section 571.001, Local Government Code, is
Sec. 571.001.  APPLICABILITY OF SUBCHAPTER.  This subchapter
applies only to a county or municipality that borders the Gulf of
ARTICLE 11. NATURAL RESOURCES CODE PROVISIONS
SECTION 11.01.  Section 11.0111(a), Natural Resources Code,
(1)  have the area between the coastline of the Gulf of
America [Gulf of Mexico] and the Three Marine League line compiled
(2)  locate and set the boundary lines between the
coastal counties from the coastline to the Three Marine League
SECTION 11.02.  Sections 11.012(b) and (c), Natural
Resources Code, are amended to read as follows:
(b)  The State of Texas has full sovereignty over the water,
the beds and shores, and the arms of the Gulf of America [Gulf of
Mexico] within its boundaries as provided in Subsection (a) of this
section, subject only to the right of the United States to regulate
foreign and interstate commerce under Article I, Section 8 of the
United States Constitution, and the power of the United States over
admiralty and maritime jurisdiction under Article III, Section 2 of
the United States Constitution.
(c)  The State of Texas owns the water and the beds and shores
of the Gulf of America [Gulf of Mexico] and the arms of the Gulf of
America [Gulf of Mexico] within the boundaries provided in this
section, including all land which is covered by the Gulf of America
[Gulf of Mexico] and the arms of the Gulf of America [Gulf of
Mexico] either at low tide or high tide.
SECTION 11.03.  Sections 11.013(a) and (c), Natural
Resources Code, are amended to read as follows:
(a)  The gulfward boundary of each county located on the
coastline of the Gulf of America [Gulf of Mexico] is the Three
Marine League line as determined by the United States Supreme
(c)  The gulfward boundaries of any city, town, or village
created and operating under the general laws of the State of Texas
shall not be established or extended by incorporation or annexation
more than 5,280 feet gulfward beyond the coastline.  The governing
body of such a city, town, or village may, by ordinance, extend the
municipal boundaries up to 5,280 feet gulfward.  Any inclusion of
territory in any such city, town, or village more than 5,280 feet
gulfward beyond the coastline is void.  The term "coastline" as used
in this subsection means the line of mean low tide along that
portion of the coast which is in direct contact with the open Gulf
of America [Gulf of Mexico].  The term "city, town, or village
created and operating under the general laws of the State of Texas"
shall not include any city operating under a home-rule charter.
SECTION 11.04.  Section 11.041(a), Natural Resources Code,
(a)  In addition to land and minerals granted to the
permanent school fund under the constitution and other laws of this
state, the permanent school fund shall include:
(1)  the mineral estate in river beds and channels;
(2)  the mineral estate in areas within tidewater
limits, including islands, lakes, bays, and the bed of the sea which
(3)  the arms and the beds and shores of the Gulf of
America [Gulf of Mexico] within the boundary of Texas.
SECTION 11.05.  Section 32.066(a), Natural Resources Code,
(a)  The board may grant easements of right-of-way on any
(1)  unsold public school land;
(2)  the portion of the Gulf of America [Gulf of Mexico]
within the jurisdiction of the state; and
(3)  islands, saltwater lakes, bays, inlets, marshes,
and reefs owned by the state within tidewater limits.
SECTION 11.06.  Sections 32.067(a)(2) and (3), Natural
Resources Code, are amended to read as follows:
(2)  "Qualifying Gulf of America [Gulf of Mexico]
property" means land described in Section 52.011(2) that is subject
to a lease issued under Subchapter B, Chapter 52.
(3)  "Qualifying Gulf of America [Gulf of Mexico]
reservoir" means a reservoir that:
(A)  during a period established by board rule has
an average daily per well production equal to or less than 50
barrels of oil or barrels of oil equivalent; and
(i)  a qualifying Gulf of America [Gulf of
(ii)  a pooled unit that includes a
qualifying Gulf of America [Gulf of Mexico] property.
SECTION 11.07.  Sections 33.004(5) and (11), Natural
Resources Code, is amended to read as follows:
(5)  "Coastal area" means the geographic area
comprising all the counties in Texas which have any tidewater
shoreline, including that portion of the bed and water of the Gulf
of America [Gulf of Mexico] within the jurisdiction of the State of
(11)  "Submerged land" means any land extending from
the boundary between the land of the state and the littoral owners
seaward to the low-water mark on any saltwater lake, bay, inlet,
estuary, or inland water within the tidewater limits, and any land
lying beneath the body of water, but for the purposes of this
chapter only, shall exclude beaches bordering on and the water of
the open Gulf of America [Gulf of Mexico] and the land lying beneath
SECTION 11.08.  Sections 33.203(1), (6), (11), (15), and
(18), Natural Resources Code, are amended to read as follows:
(1)  "Coastal natural resource areas" means:
(M)  submerged aquatic vegetation;
(O)  water of the open Gulf of America [Gulf of
(P)  water under tidal influence.
(6)  "Coastal waters" means waters under tidal
influence and waters of the open Gulf of America [Gulf of Mexico].
(11)  "Gulf beach" means a beach bordering the Gulf of
America [Gulf of Mexico] that is:
(A)  located inland from the mean low tide line to
the natural line of vegetation bordering the seaward shore of the
Gulf of America [Gulf of Mexico]; or
(B)  part of a contiguous beach area to which the
public has a right of use or easement:
(i)  continuously held by the public; or
(ii)  acquired by the public by
prescription, dedication, or estoppel.
(15)  "Submerged land" means land located under waters
under tidal influence or under waters of the open Gulf of America
[Gulf of Mexico], without regard to whether the land is owned by the
state or a person other than the state.
(18)  "Water of the open Gulf of America [Gulf of
Mexico]" means water in this state, as defined by Section
26.001(5), Water Code, that is part of the open water of the Gulf of
America [Gulf of Mexico] and that is within the territorial limits
SECTION 11.09.  Section 33.233(5), Natural Resources Code,
(5)  "Seawater" means any water containing a
concentration of one-twentieth of one percent or more by weight of
total dissolved inorganic salts derived from the marine water of
the Gulf of America [Gulf of Mexico].
SECTION 11.10.  Section 33.607(b), Natural Resources Code,
(b)  On an ongoing basis, the commissioner, in consultation
with the Bureau of Economic Geology of The University of Texas at
Austin and coastal county and municipal governments, shall monitor
historical erosion rates at each location along the shore of the
Gulf of America [Gulf of Mexico].
SECTION 11.11.  Section 33.613(a), Natural Resources Code,
(a)  Notwithstanding Sections 66.204 and 81.103, Parks and
Wildlife Code, the commissioner may undertake the closure or
modification of a man-made pass or its environs between the Gulf of
America [Gulf of Mexico] and an inland bay if:
(1)  the commissioner determines that the pass causes
or contributes to significant erosion of the shoreline of the
(2)  the pass is not a public navigational channel
constructed or maintained by the federal government; and
(3)  the land office receives legislative
appropriations or other funding for that purpose.
SECTION 11.12.  Section 33.651(2), Natural Resources Code,
(2)  "Coastal county" means a county that borders on
the Gulf of America [Gulf of Mexico].
SECTION 11.13.  Section 33.656, Natural Resources Code, is
Sec. 33.656.  PROJECTS THAT QUALIFY FOR FUNDING.  To qualify
for funding under this subchapter, a project must:
(1)  be sponsored by a coastal county;
(2)  be located within the sponsoring coastal county
along or adjacent to the shore of the Gulf of America [Gulf of
Mexico], an inland bay, or a connecting channel between the Gulf of
America [Gulf of Mexico] and an inland bay;
(3)  be accessible by public roads or a common carrier
(4)  be identified and approved for funding by a
coastal county and the land office; and
(5)  require more than $5 million to complete, as
estimated by the land office, unless the project implements a
building set-back line established under Section 33.607.
SECTION 11.14.  Section 40.003(2), Natural Resources Code,
(2)  "Coastal waters" means the waters and bed of the
Gulf of America [Gulf of Mexico] within the jurisdiction of the
State of Texas, including the arms of the Gulf of America [Gulf of
Mexico] subject to tidal influence, and any other waters contiguous
thereto that are navigable by vessels with a capacity to carry
10,000 gallons or more of oil as fuel or cargo.
SECTION 11.15.  Section 51.291(a), Natural Resources Code,
(a)  Except as provided by Subsection (b), the commissioner
may execute grants of easements or other interests in property for
rights-of-way or access across, through, and under unsold public
school land, the portion of the Gulf of America [Gulf of Mexico]
within the jurisdiction of the state, the state-owned riverbeds and
beds of navigable streams in the public domain, and all islands,
saltwater lakes, bays, inlets, marshes, and reefs owned by the
state within tidewater limits for:
(1)  telephone, telegraph, electric transmission, and
(2)  oil pipelines, including pipelines connecting the
onshore storage facilities with the offshore facilities of a
deepwater port, as defined by the federal Deepwater Port Act of 1974
(33 U.S.C.A. Section 1501 et seq.), gas pipelines, sulphur
pipelines, and other electric lines and pipelines of any nature;
(3)  irrigation canals, laterals, and water pipelines;
(5)  any other purpose the commissioner considers to be
in the best interest of the state.
SECTION 11.16.  Section 52.011, Natural Resources Code, is
Sec. 52.011.  AREA SUBJECT TO LEASE.  Under the provisions of
this subchapter, the board may lease to any per