By Combs H.B. No. 2488
74R7837 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to recreational easements retained by the Lower Colorado
1-3 River Authority after the sale of land.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 18, Chapter 7, Acts of the 43rd
1-6 Legislature, 4th Called Session, 1934, is amended to read as
1-7 follows:
1-8 Section 18. The district shall not prevent public use of its
1-9 lands for recreation purposes and fishing except at such points
1-10 where, in the opinion of the directors, such use would interfere
1-11 with the proper conduct of the business of the district or would
1-12 interfere with the lawful use of the property. No lease of
1-13 distract lands, except one expressly permitted by Section 17 of
1-14 this Act, is lawful unless it provides for free public use of the
1-15 lands for recreational purposes and fishing.
1-16 All public rights of way now traversing the areas flooded, or
1-17 to be flooded, by the impounded waters shall remain open as a way
1-18 of free public passage to and from the lakes created, and no charge
1-19 shall ever be made to the public for the right to engage in
1-20 fishing, boating or swimming thereon.
1-21 If any citizen of Texas or of the United States advises the
1-22 Attorney General of Texas that this section has not been complied
1-23 with, the attorney general is authorized after investigation of the
1-24 complaint and notice to the district to institute the proper legal
2-1 proceedings, if any are required to require the district or its
2-2 successor to comply with this section.
2-3 <Provided, that if any of the land owned by the district
2-4 bordering the lakes to be created under the authority of this Act
2-5 be sold by the district, the district shall retain in each tract a
2-6 strip 20 feet wide abutting the high water line of the lake for the
2-7 purpose of passage and use by the public for public sports and
2-8 amusements, provided further, however, that this provision shall
2-9 not apply to any sales of land by the district to any state or
2-10 federal agency to be used for game or fish sanctuaries, preserves,
2-11 or for propagation purposes.>
2-12 SECTION 2. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.