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.