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Texas Laws | Transportation Code

(5) any other factors that relate to the safe operation of aquatic aircraft. (1072)

Added by Acts 1999, 76th Leg., ch. 820, Sec. 1, eff. Sept. 1, 1999. (1073)

Sec. 26.004. RULES. (1074)(Text)

The department shall adopt rules to implement and administer this chapter, including rules specifying how notice shall be given of a prohibition or limitation approved under this chapter. (1075)

Added by Acts 1999, 76th Leg., ch. 820, Sec. 1, eff. Sept. 1, 1999. (1076)

TITLE 4. NAVIGATION (1077)(Text)


Sec. 51.001. SHORT TITLE. (1080)(Text)

This chapter may be cited as the Texas Coastal Waterway Act. (1081)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. (1082)

Sec. 51.002. DEFINITIONS. (1083)(Text)

In this chapter: (1084)

(1) "Coastal marshes" means those soft, low-lying watery or wet lands and drainage areas in the coastal areas of the state that are of ecological significance to the environment and to the maintenance, preservation, and enhancement of wildlife and fisheries. (1085)

(2) "Coastal public land" means: (1086)

(A) the state-owned submerged land and the water overlying that land; and (1087)

(B) state-owned islands or portions of islands that may be affected by the ebb and flow of the tide. (1088)

(3) "Commission" means the Texas Transportation Commission. (1089)

(4) "Gulf Intracoastal Waterway" means the main channel, not including tributaries or branches, of the shallow draft navigation channel running from the Sabine River southward to the Brownsville Ship Channel near Port Isabel that is known as the Gulf Intracoastal Canal. (1090)

(5) "Department" means the Texas Department of Transportation. (1091)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.06(a), eff. Sept. 1, 1997. (1092)

Sec. 51.003. PURPOSE. (1093)(Text)

In recognition of the economic benefit to the state of the Gulf Coast Intracoastal Waterway, this state shall act as the nonfederal sponsor of the main channel of the Gulf Coast Intracoastal Waterway from the Sabine River to the Brownsville Ship Channel in order to: (1094)

(1) support the marine commerce and economy of this state by providing for the shallow draft navigation of the state's coastal waters in an environmentally sound manner; (1095)

(2) prevent waste of publicly and privately owned natural resources; (1096)

(3) prevent or minimize adverse impacts on the environment; and (1097)

(4) maintain, preserve, and enhance wildlife and fisheries. (1098)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 191, Sec. 1, eff. Sept. 1, 2003. (1099)


(a) The commission shall cooperate with the Department of the Army, other federal and state agencies, navigation districts, port authorities, counties, and other appropriate persons to determine the state's federal local sponsorship requirements relating to the Gulf Intracoastal Waterway, shall fulfill those requirements, and shall satisfy the responsibilities of the nonfederal sponsor as determined by federal law. (1101)

(b) The commission shall coordinate actions taken under this chapter that may have a significant environmental impact or effect on coastal public land, coastal marshes, wildlife, and fisheries with appropriate federal and state agencies that have environmental, wildlife, and fisheries responsibilities. (1102)

(c) Within its authority and available resources, an agency or political subdivision of the state shall assist the commission in performing its duties under this chapter. (1103)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. (1104)

Sec. 51.005. LAND ACQUISITION. (1105)(Text)

(a) The commission may acquire by gift, purchase, or condemnation property or an interest in property that the commission considers necessary to enable it to meet its responsibilities under this chapter, including, except as provided by Subsection (b)(3), easements and rights-of-way for dredge material disposal sites or channel alteration. (1106)

(b) The commission may not: (1107)

(1) acquire oil, gas, sulphur, or other minerals that may be recovered without using the surface of land acquired by the commission for exploration, drilling, or mining purposes; (1108)

(2) condemn any submerged public land under the jurisdiction of the School Land Board; or (1109)

(3) condemn private property along Reach 1, Reach 2, Reach 4, Reach 5, and Reach 6 of the Gulf Coast Intracoastal Waterway as defined by the Draft Laguna Madre GIWW Dredged Material Management Plan prepared by the Army Corps of Engineers and the Interagency Coordination Team dated October 11, 2002, for use as a disposal site for dredged material from the Laguna Madre unless the commission determines that: (1110)

(A) there is no state or federal land available that can be used for that purpose; and (1111)

(B) the state's failure to acquire the property will result in the closure of any segment of the Gulf Coast Intracoastal Waterway located in this state. (1112)

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