BILL ANALYSIS


                                                    C.S.S.B. 1688
                                                        By: Truan
                                                            Water
                                                           5-3-95
                                   Committee Report (Substituted)
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, C.S.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.