BILL ANALYSIS



S.B. 1688
By: Truan (Berlanga/Hunter, T.)
May 11, 1995
Committee Report (Unamended)


BACKGROUND

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 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 seawall is limited by the barrier formed by the private
property along and landward of the seawall.

PURPOSE

As proposed, S.B. 1688 establishes the line of vegetation along the
Gulf of Mexico where a natural vegetation line does not exist.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1  Amends Section 61.017, Natural Resources Code, by adding
           Subsection (c), as follows:

           (c)(1) Provides that in an area of public beach where
           a seawall structure constructed in its entirety as a
           single structure of one design before 1970 and
           continuously maintained with a height of not less than
           11 feet above mean low tide interrupts the natural line
           of vegetation for a distance not less than 4,000 feet
           nor greater than 4,500 feet, the line of vegetation is
           along the seaward side of the seawall for the distance
           marked by the seawall; provided that prior to December
           31, 1996:

               (A) a perpetual easement has been granted in favor
               of the public affording pedestrian, noncommercial
               use along and over the entire length of the seawall
               and adjacent sidewalk by the general public;

               (B) fee title to the surface estate to an area for
               public parking and other public uses adjacent to
               the seawall has been conveyed to and accepted by a
               public entity which area contains sufficient
               acreage to provide at least one parking space for
               each 15 lineal feet of the seawall, is located
               within the center one-third of the length of the
               seawall, and has frontage on the seawall for at
               least 300 lineal feet; and

               (C) permanent roadway easements exist within 1,000
               feet of each end of the seawall affording vehicular
               access from the nearest public road to the beach.

           (2) Requires a line of vegetation established as
           described in this subsection to be the landward boundary
           of the public beach and of the public easement for all
           purposes. Requires fee title to all submerged land as
           described in this code to remain in the State of Texas.

SECTION 2  Provides that the change in law made by Section
           61.017(c), Natural Resources Code, establishes the
           landward boundary of the public beach and of the public
           easement in any instance in which the circumstances
           described in Section 61.017(c), Natural Resources Code,
           including the dedication of the public easement and the
           conveyance of the public parking and use area, are
           completed prior to December 31, 1996. Provides that any
           court judgment in effect prior to the effective date of
           this Act regarding circumstances described in Section
           61.017(c), Natural Resources Code, is modified by that
           section to the extent that the judgment is in conflict
           with that section.

SECTION 3  Effective date: September 1, 1995.

SECTION 4  Emergency clause.

SUMMARY OF COMMITTEE ACTION

S.B. 1688 was considered by the committee in a formal meeting on
May 10, 1995.

The bill was reported favorably without amendment, 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 8
ayes, 0 nays, 0 pnv, 1 absent.