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Land and Resource Management (The Committee) Interim Report to the 85th Texas Legislature House Committee on Land & Resource Management December 2016 HOUSE COMMITTEE ON LAND & RESOURCE MANAGEMENT TEXAS HOUSE OF REPRESENTATIVES INTERIM REPORT 2016 A REPORT TO THE HOUSE OF REPRESENTATIVES 85TH TEXAS LEGISLATURE JOE D. DESHOTEL CHAIRMAN COMMITTEE CLERK MELISSA QUEVEDO Committee On Land & Resource Management December 5,9, 2016 Joesph "Joe" Deshotel P.O. Box 2910 Chairman Austin, Texas 78768-2910 The Honorable Joe Straus Speaker, Texas House of Representatives Members of the Texas House of Representatives Texas State Capitol, Rm. 2W.13 Austin, Texas 78701 Dear Mr. Speaker and Fellow Members: The Committee on Land & Resource Management of the Eighty-fourth Legislature hereby submits its interim report including recommendations and drafted legislation for consideration by the Eighty-fifth Legislature. Respectfully submitted, _______________________ Joesph "Joe" Deshotel, Chair _______________________ _______________________ Ed Thompson, Vice-Chair Scott Sandford _______________________ _______________________ Eddie Lucio III Cecil Bell, Jr. _______________________ _______________________ Matt Krause John Cyrier Ed Thompson Vice-Chairman Members: Eddie Lucio, III; Matt Krause; Scott Sanford; Cecil Bell, Jr.; John Cyrier TABLE OF CONTENTS INTRODUCTION TO LAND & RESOURCE MANAGEMENT ................................................ 1 INTERIM STUDY CHARGES ...................................................................................................... 2 CHARGE I ...................................................................................................................................... 3 SCOPE OF COMMITTEE WORK ............................................................................................ 4 BACKGROUND INFORMATION ........................................................................................... 4 TESTIMONY & DISCUSSION ................................................................................................. 5 COMMITTEE FINDINGS ....................................................................................................... 24 RECOMMENDATION(S) ....................................................................................................... 25 CHARGE II .................................................................................................................................. 26 SCOPE OF COMMITTEE WORK .......................................................................................... 27 BACKGROUND INFORMATION ......................................................................................... 27 TESTIMONY & DISCUSSION ............................................................................................... 27 COMMITTEE FINDING ......................................................................................................... 38 RECOMMENDATION(S) ....................................................................................................... 38 CHARGE III ................................................................................................................................. 39 SCOPE OF COMMITTEE WORK .......................................................................................... 40 BACKGROUND INFORMATION ......................................................................................... 40 COMMITTEE FINDINGS ....................................................................................................... 40 RECOMMENDATION(S) ....................................................................................................... 40 CHARGE IV ................................................................................................................................. 41 SCOPE OF COMMITTEE WORK .......................................................................................... 42 BACKGROUND INFORMATION ......................................................................................... 42 TESTIMONY & DISCUSSION ............................................................................................... 51 COMMITTEE FINDINGS ....................................................................................................... 70 RECOMMENDATION(S) ....................................................................................................... 71 CHARGE V .................................................................................................................................. 72 SCOPE OF COMMITTEE WORK .......................................................................................... 73 BACKGROUND INFORMATION/COMMITTEE FINDINGS ............................................. 73 RECOMMENDATION(S) ....................................................................................................... 82 APPENDIX A ............................................................................................................................... 83 APPENDIX B ............................................................................................................................... 86 APPENDIX C ............................................................................................................................... 96 ENDNOTES ................................................................................................................................. 99 INTRODUCTION TO LAND & RESOURCE MANAGEMENT At the beginning of the 84rd Legislature, the Honorable Joe Straus, Speaker of the Texas House of Representatives, appointed seven members to the House Committee on Land and Resource Management (the Committee). The Committee membership includes the following appointees: Joe Deshotel, Chair; Ed Thompson Vice-Chair; Eddie Lucio, III; Matt Krause; Scott Sanford; Cecil Bell, Jr.; John Cyrier Pursuant to House Rule 3, Section 25 (84rd Legislature), the Committee shall have jurisdiction over all matters pertaining to: (1) the management of public lands; (2) the power of eminent domain; (3) annexation, zoning, and other governmental regulation of land use; and (4) the following state agencies: the School Land Board, the Board for Lease of University Lands, and the General Land Office. During the interim, Speaker Joe Straus issued five interim charges to the Committee to study and report back with facts, findings, and recommendations. The House Committee held two public hearings on 22nd of August and 21st of September to study the charges. The Committee also accepted written testimony and research from the public in the course of compiling this report. Appreciation is extended to those who testified before the Committee and those who submitted written testimony and research during this time. 1 INTERIM STUDY CHARGES 1. Study state preparedness and response to natural disasters including but not limited to: an evaluation of risks to the state, emergency planning efforts, first response efforts, coordination between the General Land Office, the State Emergency Operation Center, and other state, local, and federal resources. Make appropriate recommendations to ensure Texas has the proper programs, resources, and personnel in place to respond to natural disasters. 2. Examine the rate of erosion along Texas's coast and the effects of coastal erosion on public beaches, natural resources, coastal development, public infrastructure, and public and private property. Analyze current programs related to coastal erosion and examine their effectiveness. Make appropriate recommendations. 3. Study the effectiveness of the implementation of SB 695 (84R) and examine the feasibility and desirability of creating and maintaining a coastal barrier system. 4. Examine current regulatory authority available to municipalities in their extraterritorial jurisdiction. Study current annexation policies in Texas. Make necessary legislative recommendations to ensure a proper balance between development, municipal regulations, and the needs of citizens in Texas. 5. Conduct legislative oversight and monitoring of the agencies and programs under the committee's jurisdiction and the implementing of relevant legislation passed by the 84th Legislature, and specifically: a. consider any reforms to state agencies to make them more responsive to Texas taxpayers and citizens; b. identify issues regarding the agency or its governance that may be appropriate to investigate, improve, remedy, or eliminate; c. determine whether an agency is operating in a transparent and efficient manner; and d. identify opportunities to streamline programs and services while maintaining the mission of the agency and its programs. 2 CHARGE I Study state preparedness and response to natural disasters including but not limited to: an evaluation of risks to the state, emergency planning efforts, first response efforts, coordination between the General Land Office, the State Emergency Operation Center, and other state, local, and federal resources. Make appropriate recommendations to ensure Texas has the proper programs, resources, and personnel in place to respond to natural disasters. 3 SCOPE OF COMMITTEE WORK The Committee held a hearing in Austin, Texas on Monday, 22nd of August 2016. During the hearing, the committees heard invited testimony from the following: Pete Phillips, Texas General Land Office; Bob Nicks, Austin Firefighters Association; Randy D. Denzer, Austin Firefighters Association; Chief Nim Kidd, Texas Department of Public Safety/Texas Department of Emergency Management; and John
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