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.