| (a) Definitions. For purposes of this section:
(1) Public recreational purpose means the use of coastal
public land suitable for human use and enjoyment.
(2) Estuarine preserve means coastal public land set
aside for the protection of fresh-water and marine ecosystems.
(3) Wildlife refuge means land set aside for habitat
of native and rare species.
(b) Application. Pursuant to Section 33.102 of the
Texas Natural Resources Code, any person desiring a lease for the
use of coastal public land shall at least include the following in
the application:
(1) the name, address, telephone number, and email
address if available, of the person desiring the lease; and
(2) the intended public purpose.
(c) General Conditions.
(1) Lessee shall be subject to all policies, provisions,
terms and conditions applying to leased coastal public land by statute
or administrative rule.
(2) Lessee shall be subject to any additional policies,
provisions, and conditions adopted by the board for the benefit of
the public.
(3) Lessee shall pay to the General Land Office the
necessary filing fees and all other fees determined by the board as
adequate compensation for the use of coastal public land.
(d) Renewals. Renewals of leases will utilize the contract
form and adhere to rules and regulations in effect at the time of
the renewal.
(e) The commissioner may approve a lease renewal request
without board approval if all previous contractual conditions have
been met, provided that the lessee has not made or proposed modifications
to the leased premises or to the structure(s) on the premises other
than a modification that reduces the dimensions of the structure(s)
on the premises. If the commissioner approves a renewal request, the
appropriate contract forms and related materials shall be forwarded
to the lessee for completion. The commissioner may include in his
approval any provisions deemed necessary to protect the state's interest
in coastal public lands and the public welfare.
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| Source Note: The provisions of this §155.2 adopted to be effective August 1, 2001, 26 TexReg 5664; amended to be effective September 1, 2008, 33 TexReg 6947; amended to be effective September 21, 2020, 45 TexReg 6595 |
