SECTION 25.13. Extent of State Assistance

(a) Cities and counties that qualify for eligibility under the Natural Resources Code, §§61.068 - 61.070, may receive up to, but no greater than two-thirds reimbursement for eligible expenses incurred in cleaning and maintaining public beaches within such cities and counties that are not under the jurisdiction of another governmental entity. However, cities and counties may receive reimbursement under this subsection for eligible expenses to clean and maintain public beaches within an area owned or managed by the Texas Parks and Wildlife Department (department) if the department authorizes the applicant to maintain the public beaches within the area owned or managed by the department. The applicant must submit documentation of such authorization to the land office. Reimbursement under this subsection is limited to public beaches lying within the boundaries of such cities and counties.

(b) Cities qualifying for eligibility under the Natural Resources Code, §61.080, or counties qualifying for eligibility under the Natural Resources Code, §61.081, and which do not qualify for eligibility under the Natural Resources Code, §§61.068 - 61.070, may receive up to 40% reimbursement for eligible expenses incurred in cleaning and maintaining public beaches within their boundaries, but not under the jurisdiction of another governmental entity. However, cities and counties may receive reimbursement under this subsection for eligible expenses to clean and maintain public beaches within an area owned or managed by the department if the department authorizes the applicant to maintain the public beaches within the area owned or managed by the department. The applicant must submit documentation of such authorization to the land office. Reimbursement under this subsection is limited to public beaches lying within the boundaries of such cities and counties.

(c) Monies received by an eligible coastal municipality under the Tax Code, §156.2511, shall be included as part of the state share as required by Natural Resources Code, §61.076(c)(2), and must be spent on cleaning and maintaining the beach as required by the Tax Code, §156.2511(b); however, these funds are not eligible for reimbursement from the program as specifically prohibited by Natural Resources Code, §61.076(c)(1).

Source Note: The provisions of this §25.13 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective May 5, 1997, 22 TexReg 3714; amended to be effective October 14, 2008, 33 TexReg 8544; amended to be effective December 27, 2010, 35 TexReg 11705