1. (a) For purposes of this section, the term "structure" does not include any fixed or floating pier which is eligible for registration under Texas Natural Resource Code, §33.115.
2. (b) Pursuant to Texas Natural Resource Code, §33.115, a littoral owner may construct on or over coastal public lands a pier which does not exceed 100 feet in length or 25 feet in width, requires no filling or dredging, and is not used for commercial purposes, without obtaining an easement from the board; however, the littoral owner shall register the location and dimensions of the pier with the board.
3. (c) Pursuant to Texas Natural Resource Code, §33.132, a littoral owner claiming any right in any structure, which as of August 27, 1973, is situated in whole or in part upon coastal public lands, shall register the location and dimensions of any such structure. Registration after January 1, 1974, may require an easement or lease.

4. (d) Any person desiring to register a structure or pier on coastal public lands with the board must submit the plat information and registration form approved by the General Land Office.

   1. (1) The commissioner may request any additional information deemed necessary.
   2. (2) A nonrefundable registration fee made payable to the General Land Office must accompany the registration form for each structure or pier.
5. (e) Upon receipt of a registration form the commissioner will, upon review and evaluation of the information, authorize the registration of the structure or pier.

6. (f) Any person registering any structure or pier on coastal public lands or water surface areas agrees and consents to comply with and be bound by the following terms and conditions unless waived by the commissioner:

   1. (1) to keep the commissioner informed at all times of his or her address, and if a corporation, of the address of its principal place of business and the name and address of the officer or agent authorized to receive service of notice;
   2. (2) that the structure or pier registered will be maintained in proper order and will not be allowed to deteriorate to such a degree as to become a hazard or public nuisance;
   3. (3) to pay to the General Land Office the necessary registration fees as determined by the board;
   4. (4) that the allowance of the registration shall be subject to the express condition that the board may grant other rights in any part of the area on which the structure or pier is located;
   5. (5) that registration of such structure or pier by the commissioner shall not be construed as evidence of the acquiescence of the state in such claim by the owner.

7. (g) In the event a structure or pier has been registered with the commissioner and the littoral owner subsequently desires to make modifications or additions or rebuild such structure, the littoral owner is required to obtain an easement or lease in lieu of the prior registration of such structure or pier if:

   1. (1) in the case of a pier registered pursuant to Texas Natural Resource, §33.115, following modification or rebuilding, such pier will be for commercial purposes, will require dredging or filling, or will exceed 100 feet in length or 25 feet in width; or
   2. (2) in the case of a structure registered pursuant to Texas Natural Resource Code, §33.132, following modification or rebuilding, such structure will exceed the original dimensions of the registered structure by more than two feet in width or ten feet in length. The littoral owner shall notify the General Land Office of the proposed modifications, additions, or rebuilding prior to undertaking the work. In the event any pier or structure which is registered with the commissioner is modified or rebuilt so that, in the case of a registered pier, the dimensions exceed 100 feet in length or 25 feet in width, it is used for commercial purposes or requires dredging or filling, or in the case of a registered structure, the dimensions exceed the original structure dimensions by more than two feet in width or ten feet in length, then the registration automatically terminates. Continued use or possession of a structure or pier without the required lease or easement shall subject the owner to the provisions of §51.302, et seq., Texas Natural Resource Code.
8. (h) Assignment may be made of any pier registered with the commissioner subject to the written approval of the commissioner and provided that, at the time of assignment, such pier is not used for commercial purposes, requires no filling or dredging, or does not exceed 100 feet in length or 25 feet in width, in which event an easement may be required. Any such assignment must be approved by the commissioner in writing and executed on the then current assignment form provided by the commissioner. No assignment shall be effective to transfer any pier until approved by the commissioner, the assignor, and assignee.
9. (i) Assignment may be made of any structure registered with the commissioner subject to the written approval of the commissioner and provided that, at the time of assignment, the dimensions of such structure do not exceed the original dimensions of such structure by more than two feet in width or ten feet in length. Any such assignment must be approved by the commissioner in writing and executed on the then current assignment form provided by the commissioner. No assignment shall be effective to transfer any structure until approved by the commissioner, the assignor, and assignee.
10. (j) Upon termination of any agreement which is not renewed by the board, the littoral owner shall remove all of his or her personal property and all structures and manmade improvements from coastal public land. The littoral owner shall take whatever measures as are necessary to restore the area involved as nearly as practicable to the same condition that existed prior to placement of any structure or improvements thereon.
11. (k) The failure of any littoral owner to register a structure or pier, as authorized by Texas Natural Resource Code, Chapter 33, shall prevent such owner from making any further claim of right against the state in such structure or pier and shall render the structure or pier a nuisance per se subject to abatement by the state at the expense of the littoral owner, as provided in Chapter 33 and/or §51.302, et seq., Texas Natural Resource Code.
12. (l) The criteria for construction of a structure or pier will include a review and determination by the commissioner in accordance with the project activity guidelines in §155.3 of this title (relating to Easements).

Source Note:The provisions of this §155.5 adopted to be effective January 1, 1976; amended to be effective May 20, 1997, 22 TexReg 4070.