1. (a) Definitions. For purposes of this section:

   1. (1) Public recreational purpose means the use of coastal public land suitable for human use and enjoyment.
   2. (2) Estuarine preserve means coastal public land set aside for the protection of fresh-water and marine ecosystems.
   3. (3) Wildlife refuge means land set aside for habitat of native and rare species.

2. (b) Application. In addition to the requirements set forth in Section 33.102 of the Texas Natural Resources Code, any person desiring a lease for the use of coastal public land shall include the following in the application:

   1. (1) the name, address, and telephone number of the person desiring the lease; and
   2. (2) the intended public purpose.

3. (c) General Conditions.

   1. (1) Lessee shall be subject to all the terms and conditions of their lease.
   2. (2) Lessee shall be subject to all policies, provisions, terms and conditions applying to leased coastal public land by statute or administrative rule.
   3. (3) Lessee shall be subject to any additional policies, provisions, and conditions adopted by the board for the benefit of the public.
   4. (4) Lessee shall pay to the Land Office the necessary filing fees and all other fees determined by the board as adequate compensation for the use of coastal public land.
   5. (5) Lessee shall not unduly prevent or interfere in any way with the management, administration of, or granting of other rights by the board of any coastal public land included within its lease.
   6. (6) Lessee shall indemnify the lessor against any and all liability for damages to life, person, or property arising from the lessee's occupation and use of the coastal public land covered under its lease.
   7. (7) The Land Office, may at any time, inspect any structure located on leased coastal public land.
   8. (8) Lessee shall keep the Land Office informed at all times of the lessee's current telephone number and mailing address.
   9. (9) No lease may be assigned without prior written approval of the board.
4. (d) Renewals. Renewals of leases will utilize the contract form and adhere to rules and regulations in effect at the time of the renewal.

5. (e) Termination. Upon termination of any lease, the lessee shall, at the option of the board remove all of lessee's personal property and all structures constructed or maintained by Lessee and restore the area involved as nearly as practicable to the same condition that existed prior to the placement of any structure thereon within 120 days of the termination date, except as otherwise approved by the commissioner in writing. This obligation of removal and restoration shall survive the expiration of the lease .

   1. (1) The board may consent to the premature termination of all or part of a lease under any of the following conditions:

      1. (A) the intended public purpose is terminated by any other governmental agency action that is not related to lessee's action or failure to act;
      2. (B) the lessee has satisfied all conditions of the lease prior to the to date of termination, unless otherwise waived by the board; or
      3. (C) an emergency due to a change in topography.
   2. (2) Failure to comply with any rules, regulations or the terms of the lease may result in the termination of the lease by the board.

Source Note:The provisions of this §155.2 adopted to be effective August 1, 2001, 26 TexReg 5664.