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.