1. (a) Purpose. The purpose of this section is to provide standards and procedures for the temporary suspension under §61.0185 of the Texas Natural Resources Code of enforcement of the prohibition against encroachments on and interferences with the public beach easement and the ability of a property owner to make repairs to a house while a suspension is in effect. This rule is promulgated under the authority of §61.011(d)(7) of the Texas Natural Resources Code.

2. (b) Definitions. In addition to the definitions contained in §15.2 of this title (relating to Definitions), the following words and terms, as used in this section, shall have the following meanings:

   1. (1) Beach debris--Anything that is not native to the beach and beach/dune system, including but not limited to pilings, concrete, fibercrete, rebar, riprap, boulders, automobile parts, rubble mounds, damaged dune walkovers, garbage, and other objects, that may pose a hazard to public health and safety and/or no longer serves the purpose for which it was originally intended.
   2. (2) The Code--The Texas Natural Resources Code.
   3. (3) Habitable--The condition of the premises which permits the inhabitants to live free of serious defects to health and safety.
   4. (4) House--A single or multi-family structure that serves as permanent, temporary or occasional living quarters for one or more persons or families.

3. (c) The Code §61.0185 authorizes the commissioner to issue an order suspending, for a period of two years from the date of the order, the submission of a request that the attorney general file suit for enforcement under §61.018 of the Code. An order issued by the commissioner under this section shall be:

   1. (1) posted on the General Land Office's Internet Web Site, www.glo.state.tx.us;
   2. (2) published by the General Land Office as a miscellaneous document in the Texas Register ; and,
   3. (3) filed for record by the General Land Office in the real property records of the county in which the house is located.

4. (d) While an order issued under this section is in effect, a local government may issue a certificate or permit authorizing repair of a house subject to this order if the local government determines that the repair:

   1. (1) is solely to make the house habitable including reconnecting the house to utilities;
   2. (2) does not increase the footprint of the house;
   3. (3) does not include the use of impervious material, including but not limited to concrete or fibercrete, seaward of the natural line of vegetation;
   4. (4) does not include the construction of an enclosed space below the base flood elevation and seaward of the natural line of vegetation;
   5. (5) does not include the repair, construction, or maintenance of an erosion response structure seaward of the natural line of vegetation;
   6. (6) does not occur seaward of mean high water; and,
   7. (7) does not include construction underneath, outside or around the house other than for reasonable access to the house.
5. (e) Debris on the public beach creates a hazard to public health and safety and can threaten Gulf-facing properties. While an order issued under this section is in effect, a local government shall coordinate with littoral property owners to remove beach debris from the public beach as soon as possible. All beach debris collected from the public beach shall be removed from the beach/dune system and disposed of in an appropriate landfill.
6. (f) While an order issued under this section is in effect, beach-quality sand may be placed underneath the footprint of the house and in an area up to five feet seaward of the house. The beach-quality sand must remain loose and unconsolidated, and cannot be placed in bags or other formed containment. In addition, the beach-quality sand must be an acceptable mineralogy and grain size when compared to the sediments found in the beach/dune system. The use of clay or clayey material is not allowed.

7. (g) While an order issued under this section is in effect, a local government shall submit the certificate or permit application for repair of a house under this section to the commissioner for review. If the commissioner does not object to or otherwise comment on the application within ten working days of receipt of the application, the local government may act on the application. Local governments shall require that all permit and certificate applicants fully disclose in the application all items and information necessary for the local government to make an affirmative determination regarding a permit or certificate for repairs. Local governments may require more information, but they shall submit to the Land Office the following information:

   1. (1) the name, address, phone number, and, if applicable, fax number or electronic mail address of the applicant, and the name of the property owner, if different from the applicant;
   2. (2) a complete legal description of the tract and a statement of its size in acres or square feet including the location of the property lines and a notation of the legal description of adjoining tracts;
   3. (3) the floor plan, footprint or elevation view of the house identifying the proposed repairs;
   4. (4) photographs of the site which clearly show the current conditions of the site; and

   5. (5) an accurate map, site plan, plat or drawing of the site identifying:

      1. (A) the site by its legal description, including, where applicable, the subdivision, block, and lot;
      2. (B) the location of the property lines and a notation of the legal description of adjoining tracts, and the location of any roadways, driveways and landscaping that currently exist on the tract;
      3. (C) the location of any seawalls or any other erosion response structures on the tract and on the properties immediately adjacent to the tract;
      4. (D) the location of the house and the distance between the house and mean high tide, and the natural line of vegetation; and,
      5. (E) if known, the location and extent of any man-made vegetated mounds, restored dunes, fill activities, or any other pre-existing human modifications on the tract.
8. (h) While an order issued under this section is in effect, a local government is responsible for monitoring the repair of the house under this section. Any permit or certificate issued by a local government under this order expires automatically on the date the order expires. Local governments may not issue permits or certificates for repairs to houses located on the public beach easement that are not subject to an order issued under this section.

Source Note:The provisions of this §15.12 adopted to be effective November 23, 2003, 28 TexReg 10234.