BILL ANALYSIS C.S.H.B. 3229 By: Berlanga May 4, 1995 Committee Report (Substituted) BACKGROUND In State of Texas v. Padre Island Development Corporation (28th Judicial District, July 29, 1974) the court resolved a title dispute between the state and the owners of property on North Padre Island. The court's judgement seemed to confirm that the public easement and right of use extends landward 200 feet from the seaward line of mean low tide. However, the judgement is ambiguous as to whether the court intended for the public easement to extend landward of the seawall itself. Erosion of the public beach seaward of the seawall on North Padre Island in Nueces County has moved the public easement landward, past the seawall, onto private property including existing structures such as hotels and condominiums. The State's potential claim on the land within the public easement clouds the title of the existing private property and structures, resulting in loss of property values along the seawall and a six-fold reduction in ad valorem tax revenue. At the same time, public access to the public beach seaward of the 4,500-foot long seawall is severely limited by the private property along and landward of the seawall. PURPOSE C.S.H.B. 3229 would establish the landward boundary of the public beach at a line along the seaward base of the seawall, provided that certain conditions designed to increase and ensure the public's right of access to the public beach are met prior to December 31, 1996. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1 Amends Section 61.017, Natural Resources Code, by adding Subsection (c) as follows: Subsection (c)(1) states that for a certain seawall constructed before 1970 and with a length between 4,000 and 4,500 feet, the line of vegetation is established as the seaward side of the seawall, provided that the following three conditions are met prior to December 31, 1996: (A) the granting of a perpetual public easement along and over the entire length of the seawall and its adjacent sidewalk for non-commercial, pedestrian use; (B) the conveyance to a public entity of an area sufficient for a 300-automobile parking lot to be located in the center one-third of the seawall with frontage along the seawall of at least 300 feet; and (C) the existence of permanent roadway easements within 1,000 feet of each end of the seawall. Subsection (c)(2) also clarifies that the line of vegetation established also constitutes the landward boundary of the public beach and public easement. Finally, the subsection provides that fee title to submerged lands described in the Natural Resources Code remain in the State of Texas. SECTION 2 Clarifies that Section 61.017(c), Natural Resources Code, as added, establishes the landward boundary of the public beach and public easement in any instance in which the circumstances described in Section 61.017(c) are in existence prior to December 31, 1996. It also states that any court judgment in effect prior to the effective date of the bill and regarding Section 61.017(c) is modified by that section to the extent the judgment conflicts with that section. SECTION 3 Effective date: September 1, 1995. SECTION 4 Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute changes the section in the Natural Resources Code to which the language of the bill is added. The substitute also makes conforming changes throughout the bill to reflect the new section and subsection numbers. The substitute clarifies the language describing the seawall to which the bill applies, and it also changes the date by which the conditions in the bill must be met from September 1, 1997 to December 31, 1996. SUMMARY OF COMMITTEE ACTION H.B. 3229 was considered by the committee in a public hearing on May 2, 1995. The following person testified in favor of the bill: Representative Hugo Berlanga. The following person testified neutrally on the bill: Spencer Reid, representing the Texas General Land Office. The committee considered a complete substitute for the bill. The substitute was adopted without objection. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 5 ayes, 0 nays, 0 pnv, 4 absent.