Texas § NR.33.613 - CLOSURE OR MODIFICATION OF CERTAIN MAN-MADE PASSES

§ NR.33.613. CLOSURE OR MODIFICATION OF CERTAIN MAN-MADE PASSES

CLOSURE OR MODIFICATION OF CERTAIN MAN-MADE PASSES. (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 Mexico and an inland bay if: (1) the commissioner determines that the pass causes or contributes to significant erosion of the shoreline of the adjacent beach; (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. (b) If the closing of a man-made pass under this section results in a loss of public recreational opportunities, the commissioner shall develop, in consultation with the Parks and Wildlife Department and the county and, if applicable, the municipality in which the pass is located, and approve a plan to mitigate the loss. In developing the plan, the commissioner is strongly encouraged to assess the feasibility of installing fishing piers, boat ramps, and other facilities that provide public recreational opportunities. The plan must be presented to the public for comment before the commissioner approves it. Added by Acts 2009, 81st Leg., R.S., Ch. 66 (S.B. 2043 ), Sec. 1, eff. September 1, 2009. SUBCHAPTER I. COASTAL PROTECTION AND IMPROVEMENT