TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 1. GENERAL LAND OFFICE

CHAPTER 15. COASTAL AREA PLANNING

SUBCHAPTER A. MANAGEMENT OF THE BEACH/DUNE SYSTEM

31 TAC §15.32

The General Land Office (GLO) proposes amendments to 31 Texas Administrative Code (TAC) §15.32, relating to Certification Status of the Cameron County Dune Protection and Beach Access Plan (Plan). Cameron County has adopted an Erosion Response Plan (ERP) and has proposed amendments to the Plan, which include the ERP, an increase in the County's Beach User Fee (BUF), authorization to charge a seasonal BUF at Beach Access 3, information on the County's Trash Refund Program, an updated off-beach parking inventory, references to and inclusion of the County's ERP as an appendix to the Plan, non-substantive corrections and edits, and modifications to make the Plan consistent with state law. The County's ERP and Plan include the establishment of a Building Setback Line (BSL), an Exemption Petition process for authorization of construction seaward of the BSL, stricter construction standards for construction seaward of the BSL, specifications for a recommended storm protection dune, a detailed inventory of public beach access points and amenities, and a schedule for public beach access improvements. The GLO proposes to add new subsection §15.32(e) to certify the amended Plan, including the ERP, as consistent with state law.

Copies of the County's Plan amendments and ERP can be obtained by contacting the Cameron County Parks and Recreation Department at 33174 State Park Road 100, South Padre Island, Texas 78597; (956) 761-3700, or the GLO's Archives and Records Division, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711-2873, (512) 463-5277.

BACKGROUND OF THE PROPOSED AMENDMENTS

Pursuant to the Open Beaches Act (Texas Natural Resources Code, Chapter 61), the Dune Protection Act (Texas Natural Resources Code, Chapter 63), and the Texas Administrative Code (31 TAC §§15.3, 15.7, and 15.8), a local government with jurisdiction over Gulf coast beaches must submit its Plan, Beach User Fee Plan (BUF Plan), and any proposed amendments to the Plan or BUF Plan to the GLO for certification. If appropriate, the GLO will certify that the Plan is consistent with state law by amendment of a rule, as authorized in Texas Natural Resources Code §§61.011(d)(5), 61.015(b), and 63.121. The certification by rule reflects the state's certification of the Plan; however, the text of the Plan is not adopted by the GLO, as provided in 31 TAC §15.3(o)(4).

Pursuant to Section 33.607 of the Texas Natural Resources Code and 31 TAC §15.3 and §15.17, a local government with jurisdiction over Gulf coast beaches must develop an ERP that consists of a plan for reducing public expenditures for erosion and storm damage losses to public and private property, including public beaches. The local government must submit its ERP to the GLO for certification as consistent with state law. The certified ERP is attached to the local government's Plan as an appendix and is an amendment to the Plan.

On December 11, 2018, the Cameron County Commissioner's Court adopted Order No. 2018O12017 to adopt the ERP as an appendix to the Plan and adopted various other amendments to the Plan, including an increase in the BUF amount in accordance with 31 TAC §15.8 and Texas Natural Resources Code (TNRC) §61.022(c). The order becomes effective upon the GLO's certification of the ERP and other amendments to the Plan. The ERP and Plan were submitted to the GLO with a request for certification of the ERP and other amendments to the Plan as consistent with state law. The Plan amendments were submitted in accordance with 31 TAC §15.3 and TNRC Chapters 61 and 63, and the ERP was submitted in accordance with TNRC §33.607 and 31 TAC §15.17.

Cameron County is a coastal county consisting of areas bordering Willacy County to the north, Hidalgo County to the west, the Gulf of Mexico to the east, and the Mexican State of Tamaulipas to the south. The County's Dune Protection and Beach Access Plan was first adopted on September 20, 1994, and most recently amended to provide for the closure of a beach and associated access points during space flight activities, which became effective on April 10, 2014.

ANALYSIS OF PLAN AMENDMENTS AND GLO'S PROPOSED AMENDMENTS TO 31 TAC §15.32.

As provided in 31 TAC §15.3(o), the GLO must grant or deny certification of an ERP or amendments to local government dune protection and beach access plans. The proposed amendments to Cameron County's Plan include an increase in the County's Beach User Fee (BUF), authorization to charge a seasonal BUF at Beach Access 3, information on the County's Trash Refund Program, an updated off-beach parking inventory, authorization of fibercrete in certain circumstances, incorporation of references to the proposed ERP, and non-substantive grammatical and procedural edits and clarifications. The Plan also adopts a variance from 31 TAC §15.6(f)(3) to allow a small amount of impervious cover outside the footprint of the habitable structure in eroding areas for specific purposes such as to stabilize pervious pavers and utilities. The GLO finds that these amendments are consistent with state law.

As provided in 31 TAC §15.8, local governments may request an increase in the existing BUF provided that the local government demonstrates that there are additional costs to the local government for providing public services and facilities directly related to the public beach. The proposed amendments to the BUF Plan increase the BUF for daily fees from $12 to $15 dollars per vehicle, from $25 to $30 for buses, and from $25 to $35 for 30-day passes. The BUF will be charged at the County's beachfront parks all year and at Beach Access 3 and 6 from March 1 through Labor Day weekend. Cameron County ensures free access to the public beach at other parks as described below. The County will operate a Trash Refund Program at Beach Access 5 and 6 from March 1 through Labor Day. The program offers a $5 refund of the daily BUF fee when a full trash bag is returned by 7:00 p.m. on the same day.

Beach Access 3 and 6 do not have a BUF during the time period from immediately after Labor Day through March 1. In addition, Boca Chica Beach does not have a BUF, and free parking is provided all year at Beach Access 4 (east and west of Park Road 100) and Beach Access 5 (west of Park Road 100). Pedestrians and bicyclists are never charged a BUF.

The County indicates that the BUF increase is necessary due to the continuous rise of expenses for beach-related services, such as litter abatement and maintaining sanitary restrooms, and to offset the cost of recent and ongoing re-development and public access improvements to both E.K. Atwood Park and Isla Blanca Park. The County also states that the proposed BUF increase will help fund an additional crew, purchase of equipment, and maintenance of recently constructed beach access parks and amenities at both E.K. Atwood Park and Isla Blanca Park. The County's short-term goals for the increased BUF revenue include completion of the Gulf-side improvements at Isla Blanca Park, improvements to the existing public dune walkover at Beach Access 3, pervious parking for Beach Access 5 (west), and extending Beach Patrol services at Isla Blanca Park and one-half mile north of Beach Access 5 (E.K. Atwood). The total estimated cost of the short-term projects is approximately $23,385,000. The County's long-term goals include adding water and sewer services as well as rinse stations and restrooms to Beach Access 4, BUF collection system upgrades, large-scale improvements at Andy Bowie Park, and construction of a new public dune walkover, public pavilion, rinse station, and restrooms at Beach Access 3. The total estimated cost of the long-term projects is approximately $17,500,000.

Based on the information provided by the County, the GLO has determined that the BUF increase is reasonable because it does not exceed the necessary and actual cost of providing reasonable beach-related facilities and services, including enhanced amenities, does not unfairly limit public use of and access to and from public beaches in any manner, and is consistent with 31 TAC §15.8 of the Beach/Dune Rules and the Open Beaches Act. Therefore, the GLO finds that the changes to the Plan are consistent with state law.

Amendments to the Plan also include an updated parking inventory for off-beach parking areas. Additional parking spaces were created at Beach Access 3, bringing the total number of parking spaces available there from 56 to 142, all located on the east side of Park Road 100. The Plan was updated to reflect the addition of a total of 54 parking spaces at Beach Access 4 on the east side of Park Road 100, and 66 parking spaces on the west side of Park Road 100. Beach Access 5 has 128 public parking spaces east of Park Road 100, which is a reduction from the previous Plan's number of 196. This reduction was due to the creation of a new pavilion and amenities at Beach Access 5 (E.K. Atwood Park). Beach Access 5 also has 58 public beach access parking spaces on the west side of Park Road 100. This updated parking inventory ensures that the County remains compliant with a variance obtained in 2006 for meeting the presumptive one-half mile criteria for beach access being preserved in areas where vehicles are prohibited from the beach, which is required under 31 TAC §15.7(h)(1). In order to maintain permission for the County to keep the beach closed to vehicles, 88 additional parking spaces over the required number had to be provided, and the County has demonstrated compliance in the updated parking inventory.

The County's proposed ERP, which is being adopted as an appendix to the Plan, establishes a Building Setback Line (BSL), which is 230 feet landward from the line of vegetation, and includes a 30-foot wide buffer area for dune migration. This setback facilitates the purpose of TNRC §33.607 by reducing public expenditures for erosion and storm damage losses to private property by requiring construction to be farther from the shoreline, therefore providing better protection from storm damage. The ERP also allows the use of fibercrete beneath the footprint of habitable structures in certain locations. This provision is cost-saving since, in the event of a storm, fibercrete is less expensive and easier to clean up than other types of impervious cover. Also, less sand is removed from the beach during clean-up of fibercrete. The use of fibercrete is consistent with 31 TAC §15.6.

In addition, the ERP contains plans for preservation, expansion, and enhancement of the dune system. According to TNRC §33.607, dunes are the first line of protection against storm surge and erosion, and they are an essential aspect of the goals of the ERP. The ERP lists optimal measurements for the recommended storm protection dune with the goal of facilitating the minimal amount of protection from a single 100-year storm event, in accordance with guidance from FEMA (Coastal Construction Manual Principles and Practices of Planning, Siting, Designing, Constructing, and Maintaining Residential Buildings in Coastal Areas (Fourth Edition)).

The proposed ERP includes criteria for exemption from the prohibition of construction seaward of the BSL in cases where there is no practicable alternative, as well as a checklist containing the additional materials required to be submitted with the Exemption Petition. For construction seaward of the BSL, an applicant must submit an Exemption Petition in addition to an application for a beachfront construction certificate and dune protection permit. The Exemption Petition requires plans and certifications for the structure to be sealed by a professional engineer licensed in the State of Texas. Under the Exemption Petition, structures must have a minimum of a two-foot freeboard above FEMA's base flood elevation to the finished floor elevation of the lowest habitable floor and have no enclosures below base flood elevation. Also, habitable structures must be built to be feasibly relocated, and the location of structures must be landward of the landward toe of the foredune ridge.

A local government may request GLO certification of a plan amendment that includes a variance from a requirement under 31 TAC Chapter 15. Cameron County's proposed amendments to its Plan include a variance from 31 TAC §15.5(b)(3) and §15.6(f)(3) to allow minimal impervious cover outside the footprint of a habitable structure in eroding areas, using concrete or another impervious surface for specific purposes so long as its area does not exceed 5% of the footprint of the habitable structure. Since Cameron County is one of the windiest and driest areas along the Texas coast, increased sediment transport of sand means that stabilization of pervious materials as listed in the ERP may necessitate concrete curbs not wider than six inches or more than ten inches high to preserve the integrity of permeable paving. In addition, and for the same reasons, limited use of concrete is allowed if required to stabilize certain utilities. The use of impervious cover of up to 5% of the area of the footprint of the habitable structure is only allowed in non-eroding areas under §15.5(b)(3) and §15.6(f)(3). The GLO finds that the dry environment coupled with the enhanced protective standards adopted in the ERP ensure the variance is as protective as current rules since the allowances have appropriately limited the authorized uses, and the percentage of impervious surfaces allowed and does not include allowances for any slabs.

FISCAL AND EMPLOYMENT IMPACTS

Mr. David Green, Deputy Director for the GLO's Coastal Resources Division, has determined that for each year of the first five years the amended rule as proposed is in effect, there will be minimal, if any, fiscal implications to the state government as a result of enforcing or administering the amended rule. There will be costs associated with the County's implementation of its ERP provisions and the BUF. The cost of implementing the ERP provisions is hard to determine but, presumably, will be largely absorbed through the County's existing permitting system. The County projects that it will collect between $5.1 million and $5.6 million in net BUF revenue for each year of the first five years the proposed section is in effect. The County estimates that its actual costs for beach-related services will be between $7.4 million and $8 million for the first five years the proposed section will be in effect. The County will spend more on beach-related services than they will collect in BUF. These costs will presumably be absorbed through the funding mechanisms the County has used to date.

Mr. Green has determined that the proposed amendment will minimally affect the costs of compliance for large and small businesses that use the beach where the BUF increase will be implemented. The costs are difficult to determine because the impacts will be case specific, and the proposed changes relate to parking in beach parks or on the beach and are not otherwise related to the permitting or restriction of business activities. The impact of the fee increase is mitigated by the Trash Refund Program as well as the existence of no-fee areas at Boca Chica Beach and Beach Access 4, and the fact that the BUF will not be charged after the close of the summer season at Beach Access 3 and Beach Access 6. Mr. Green has also determined that for each year of the first five years the proposed amendments are in effect, there will be no impacts to the local economy.

Mr. Green has determined that there may be fiscal implications to the local government or additional costs of compliance for large and small businesses or individuals resulting from proposed new rules for implementation of the Erosion Response Plan. However, these fiscal impacts cannot be estimated with certainty at this time, since development plans for construction seaward of the setback line and the specific content of these plans are determined on a case-by-case basis depending on the type of construction. In addition, it is the opinion of the GLO that the costs of implementation of the provisions for construction in the Erosion Response Plan will be offset by a reduction in public expenditures for erosion and storm damage losses.

Likewise, costs of compliance for businesses or individuals will be offset by reduction in losses due to storm damage. New structures that are constructed behind the building setback line will have reduced losses because of a reduction in the intensity of storm surge on properties and structures and a delayed exposure to erosion for both. Additionally, the enhanced dune restoration and construction conditions will result in increased protection for structures that are located landward of the building setback line. New structures constructed seaward of the building setback line will have reduced losses and erosion because of stricter building standards and improvements in storm protection through enhanced foredune ridges. In addition, the presumption of compliance with dune mitigation sequence requirements for avoidance and minimization will simplify and reduce the cost to developers for crafting mitigation plans for construction seaward of the dune protection line.

GLO has determined that the proposed rulemaking will have no adverse local employment and that no impact statement is required pursuant to Texas Government Code §2001.022.

PUBLIC BENEFIT

Mr. Green has determined that the public will be affected by the increase of the BUF. Individuals will be required to pay a larger daily and 30-day fee. However, the Plan includes no-fee areas of the public beach, mitigating the impact of the BUF increase on individuals, as required by 31 TAC §15.8(h). Free parking is available at Beach Access 4 and 5 (east of Park Road 100), and Boca Chica Beach is a vehicular beach with no BUF charged. Also, Beach Access 3 and Beach Access 6 do not charge a BUF after the close of the summer season until March 1.

Mr. Green has determined that the BUF benefits the public and beachgoers because the increased fees are necessary for the County to continue to fund and provide adequate and improved beach-related services to the public and to considerably update and redevelop all coastal beachfront parks. The BUF specifically benefits the public and beachgoers by funding beach-related services such as trash collection, improving beach access and parking signage, and providing beachgoers with enhanced amenities.

Mr. Green has determined that the public will benefit from the adoption of the Cameron County ERP as part of its Plan because the General Land Office will be able to administer the coastal public land program more efficiently, providing the public more certainty and clarity in the process. The public will also benefit because coastal public land, and therefore, the Permanent School Fund, will be protected with the certification of the amendments to the Cameron County Dune Protection and Beach Access Plan by reducing possibility that structures will become located on state-owned submerged lands, which increases expenditure of public funds for removal of the unauthorized structures.

In addition, the public will benefit from the ERP because of reduced public expenditures associated with damage to or loss of structures and public infrastructure due to storm damage and erosion, disaster response costs, and loss of life. The 230-foot setback line from the line of vegetation will minimize storm damage to structures by preserving the area seaward of the setback line and minimizing the number of structures in close proximity to the shoreline. Properties with no practicable alternative to construction seaward of the setback line must follow particular construction conditions as specified in the Erosion Response Plan. By encouraging the placement of structures further landward, the additional hazards created by buildings when subjected to storm surge will reduce their vulnerability to storm tide and erosion.

The ERP also includes enhanced dune protections and identifies priority restoration areas. Enhancing dune protections and protecting the foredune ridge will allow natural dune processes to continue with minimal disturbance from development near to shoreline. A healthy dune system serves as a natural buffer against normal storm tides. This natural buffer helps reduce the risk to life and property from storm damage and helps reduce the public expenses of disaster relief. By identifying areas where restoration is needed, the ERP will assist the local government in focusing mitigation and restoration in areas that may be vulnerable to storm inundation and are potential avenues for flood waters that may cause damage to public infrastructure and private properties.

The public will also benefit from construction conditions applied to properties that are exempted from the general prohibition on building seaward of the setback line. The construction conditions for exempted properties will reduce public expenses due to erosion and storm damage by limiting enclosures under the footprint of the habitable structure, requiring that the structures be elevated an additional two feet above base flood elevation, and ensuring that all elevated structures are consistent with the specifications outlined in Flood Resistant Design and Construction, American Society of Civil Engineers/Structural Engineering Institute, ASCE 24-14. These conditions will also require that all designs minimize impacts to natural hydrology and that construction on the exempted properties be located landward of the landward toe of the foredune ridge and as far landward as practicable.

Additionally, properties constructed seaward of the building setback line will be protected by local government implementation of plans to facilitate the improvement of foredune ridges that will protect against storm surge. Scientific and engineering studies considered by the GLO noted that during Hurricane Alicia in 1983, vegetation line retreat and landward extent of storm washover deposits were greater for developed areas than for natural areas (Bureau of Economic Geology Circular 85-5). This difference is attributed in part to the fact that naturally occurring vegetated dunes are stronger than reconstructed dunes due to greater root depths of dune vegetation (Circular 85-5).

ENVIRONMENTAL REGULATORY ANALYSIS

The GLO has evaluated the proposed rulemaking action in light of the regulatory analysis requirements of Texas Government Code §2001.0225, and determined that the action is not subject to §2001.0225 because it does not meet the definition of a "major environmental rule" as defined in the statute. "Major environmental rule" means a rule, the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The proposed amendments are not anticipated to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The amendments are proposed under Texas Natural Resources Code §§61.011, 61.015(b), 61.022(b) and 61.022(c), 61.070, and 63.121, which provide the GLO with the authority to adopt rules governing the preservation and enhancement of the public's right to use and have access to public beaches, imposition or increase of beach user fees, and certification of local government beach access and use plans as consistent with state law. The proposed amendments do not exceed federal or state requirements.

TAKINGS IMPACT ASSESSMENT

The GLO has evaluated the proposed rulemaking in accordance with Texas Government Code §2007.043(b) and the Attorney General's Private Real Property Rights Preservation Act Guidelines to determine whether a detailed takings impact assessment is required. The GLO has determined that the proposed amendments do not affect private real property in a manner that requires real property owners to be compensated as provided by the Fifth and Fourteenth Amendments to the United States Constitution or Article I, §17 and §19 of the Texas Constitution.

The GLO has determined that the proposed rulemaking would not affect any private real property in a manner that restricts or limits the owner's right to the property that would otherwise exist in the absence of the rule amendments. GLO has determined that the proposed rulemaking will not result in a taking of private property and that there are no adverse impacts on private real property interests.

Cameron County's Erosion Response Plan establishes and implements a building setback line that includes guidelines providing exemptions for property for which the owner has demonstrated that no practicable alternatives to construction seaward of the building setback line exist. In applying its regulation, Cameron County will determine on a case-by-case basis whether to permit construction of habitable structures in the area seaward of the building setback line if certain construction conditions are met and by requiring that such construction be located landward of the landward toe of the foredune ridge and as far landward as practicable, thereby avoiding severe and unavoidable economic impacts and thus an unconstitutional taking. In addition, a building setback line adopted by a local government under that section would not constitute a statutory taking under the Private Real Property Rights Preservation Act inasmuch as Texas Natural Resources Code §33.607(h) provides that Chapter 2007, Government Code, does not apply to a rule or local government order or ordinance authorized by TNRC §33.607.

GOVERNMENT GROWTH IMPACT STATEMENT

The GLO prepared a Government Growth Impact Statement for this proposed rulemaking. Since the proposed rule simply certifies the amendments to Cameron County's Dune Protection and Beach Access Plan (Plan), it will not affect the operations of the General Land Office. The proposed rulemaking does not create or eliminate a government program, will not require an increase or decrease in future legislative appropriations to the agency, will not require the creation of new employee positions nor eliminate current employee positions at the agency, nor will it require an increase or decrease in fees paid to the General Land Office. The proposed rule amendments do not create, limit, or repeal existing agency regulations, but rather certify the amendments to the Plan as consistent with state law. The proposed rules do not increase or decrease the number of individuals subject to the rule's applicability.

During the first five years that the proposed rules would be in effect, it is not anticipated that there will be an adverse impact on the state's economy. The proposed amendments are expected to improve environmental protection and safety and to reduce public expenditures associated with loss of structures and public infrastructure due to storm damage and erosion, disaster response costs, and loss of life.

CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM

The proposed rulemaking is subject to the Coastal Management Program as provided for in Texas Natural Resources Code §33.2053 and 31 TAC §505.11(a)(1)(J) and §505.11(c) (relating to Actions and Rules Subject to the CMP). GLO has reviewed this proposed action for consistency with the Coastal Management Program (CMP) goals and policies in accordance with the regulations and has determinate that the proposed action is consistent with the applicable CMP goals and policies. The applicable goals and policies are found at 31 TAC §501.12 (relating to Goals) and §501.26 (relating to Policies for Construction in the Beach/Dune System).

The proposed amendments are consistent with the CMP goals outlined in 31 TAC §501.12(5). These goals seek to balance the benefits of economic development and multiple human uses, the benefits of protecting, preserving, restoring, and enhancing coastal natural resource areas (CNRAs), and the benefits from public access to and enjoyment of the coastal zone. The proposed amendments are consistent with 31 TAC §501.12(5) as they provide the County with the ability to enhance public access and enjoyment of the coastal zone, protect and preserve and enhance the CNRA, and balance other uses of the coastal zone.

The proposed rules are also consistent with CMP policies in 31 TAC §501.26(a)(4) because they enhance and preserve the ability of the public, individually and collectively, to exercise rights of use of and access to and from public beaches.

The amended rule provides certification that the Erosion Response Plan is consistent with the CMP goals outlined in 31 TAC §§501.12(1), 501.12(2), 501.12(3), and 501.12(6). These goals seek protection of CNRAs, compatible economic development and multiple uses of the coastal zone, minimization of the loss of human life and property due to the impairment and loss of CNRA functions, and coordination of GLO and local government decision making through the establishment of clear, effective policies for the management of CNRAs. The Erosion Response Plan is tailored to the unique natural features, degree of development, storm, and erosion exposure potential for Cameron County. The Erosion Response Plan will reduce impacts to critical dunes and dune vegetation by placement of structures farther landward, reduce dune area habitat and biodiversity loss, and reduce structure encroachment on the beach, which leads to interruption of the natural sediment cycle.

PUBLIC COMMENT REQUEST

To comment on the proposed rulemaking or its consistency with the CMP goals and policies, please send a written comment to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 463-6311 or email to walter.talley@glo.texas.gov. Written comments must be received no later than 5:00 p.m., thirty (30) days from the date of publication of this proposal.

STATUTORY AUTHORITY

The amendments are proposed under Texas Natural Resources Code §§33.602, 33.607, 61.011, 61.015(b), 61.022(b) and 61.022(c), 61.070, and 63.121, which provide the GLO with the authority to adopt rules governing the preservation and enhancement of the public's right to access and use public beaches, imposition or increase of beach user fees, the preparation and implementation by a local government of a plan for reducing public expenditures for erosion and storm damage losses to public and private property, and certification of local government beach access and use plans as consistent with state law.

Texas Natural Resources Code §§33.602, 33.607, 61.011, 61.015, 61.022, 61.070, and 63.121 are affected by the proposed amendments.

§15.32.Certification Status of Cameron County Dune Protection and Beach Access Plan.

(a) - (d) No Change.

(e) The General Land Office certifies as consistent with state law the Cameron County's Dune Protection and Beach Access Plan, as amended to incorporate Cameron County's Erosion Response Plan and other amendments. The amendments include an increase in the Beach User Fee and the addition of an Erosion Response Plan as an appendix to the Plan. The Erosion Response Plan and amendments were adopted by the Cameron County Commissioners' Court in Order No. 2018O12017 on December 11, 2018.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 25, 2019.

TRD-201900664

Mark A. Havens

Chief Clerk and Deputy Land Commissioner

General Land Office

Earliest possible date of adoption: April 7, 2019

For further information, please call: (512) 475-1859