By Berlanga, Hunter of Nueces                         H.B. No. 3229
          Substitute the following for H.B. No. 3229:
          By Turner of Coleman                              C.S.H.B. No. 3229
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment of the line of vegetation along the
    1-3  Gulf of Mexico where a natural vegetation line does not exist.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 61.017, Natural Resources Code, is
    1-6  amended by adding Subsection (c) to read as follows:
    1-7        (c)(1)  In an area of public beach where a seawall structure
    1-8  constructed in its entirety as a single structure of one design
    1-9  before 1970 and continuously maintained with a height of not less
   1-10  than 11 feet above mean low tide interrupts the natural line of
   1-11  vegetation for a distance not less than 4,000 feet nor greater than
   1-12  4,500 feet, the line of vegetation is along the seaward side of the
   1-13  seawall for the distance marked by the seawall provided that prior
   1-14  to December 31, 1996:
   1-15                    (A)  a perpetual easement has been granted in
   1-16  favor of the public affording pedestrian, non-commercial use along
   1-17  and over the entire length of the seawall and adjacent sidewalk by
   1-18  the general public;
   1-19                    (B)  Fee title to the surface estate to an area
   1-20  for public parking and other public uses adjacent to the seawall
   1-21  has been conveyed to and accepted by a public entity, which area
   1-22  contains sufficient acreage to provide at least one parking space
   1-23  for each 15 linear feet of the seawall, is located within the
    2-1  center one-third of the length of the seawall, and has frontage on
    2-2  the seawall for at least 300 linear feet; and
    2-3                    (C)  permanent roadway easements exist within
    2-4  1,000 feet of each end of the seawall affording vehicular access
    2-5  from the nearest public road to the beach.
    2-6              (2)  A line of vegetation established as described in
    2-7  this subsection shall be the landward boundary of the public beach
    2-8  and of the public easement for all purposes.  Fee title to all
    2-9  submerged land as described in this code shall remain in the State
   2-10  of Texas.
   2-11        SECTION 2.  The change in law made by Subsection (c), Section
   2-12  61.017, Natural Resources Code, as added by this Act, establishes
   2-13  the landward boundary of the public beach and of the public
   2-14  easement in any instance in which the circumstances described in
   2-15  Subsection (c), Section 61.017, Natural Resources Code, as added by
   2-16  this Act, including the dedication of the public easement and the
   2-17  conveyance of the public parking and use area, are completed prior
   2-18  to December 31, 1996.  Any court judgment in effect prior to the
   2-19  effective date of this Act regarding circumstances described in
   2-20  Subsection (c), Section 61.017, Natural Resources Code, is modified
   2-21  by that section to the extent that the judgment is in conflict with
   2-22  that section.
   2-23        SECTION 3.  This Act takes effect September 1, 1995.
   2-24        SECTION 4.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
    3-1  emergency and an imperative public necessity that the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended.