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.