By:  Wentworth                                        S.B. No. 1377
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to recreational easements retained by the Lower Colorado
    1-2  River Authority after the sale of land.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 18, Chapter 7, Acts of the 43rd
    1-5  Legislature, 4th Called Session, 1934 (Article 8280-107, Vernon's
    1-6  Texas Civil Statutes), is amended to read as follows:
    1-7        Sec. 18.  The district shall not prevent public use of its
    1-8  lands for recreation purposes and fishing except at such points
    1-9  where, in the opinion of the directors, such use would interfere
   1-10  with the proper conduct of the business of the district or would
   1-11  interfere with the lawful use of the property.  No lease of
   1-12  district lands, except one expressly permitted by Section 17 of
   1-13  this Act, is lawful unless it provides for free public use of the
   1-14  lands for recreational purposes and fishing.
   1-15        All public rights of way now traversing the areas flooded, or
   1-16  to be flooded, by the impounded waters shall remain open as a way
   1-17  of free public passage to and from the lakes created, and no charge
   1-18  shall ever be made to the public for the right to engage in
   1-19  fishing, boating or swimming thereon.
   1-20        If any citizen of Texas or of the United States advises the
   1-21  Attorney General of Texas that this section has not been complied
   1-22  with, the attorney general is authorized after investigation of the
   1-23  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 may be
    2-9  waived in <shall not apply to> any sales of land by the district to
   2-10  any person or state or federal agency to be used for game or fish
   2-11  sanctuaries, preserves, <or for> propagation purposes, or for park,
   2-12  recreational, or open space purposes.
   2-13        SECTION 2.  The change in law made by this Act applies only
   2-14  to a sale of land by the Lower Colorado River Authority the closing
   2-15  date for which is on or after the effective date of this Act.
   2-16        SECTION 3.  The importance of this legislation and the
   2-17  crowded condition of the calendars in both houses create an
   2-18  emergency and an imperative public necessity that the
   2-19  constitutional rule requiring bills to be read on three several
   2-20  days in each house be suspended, and this rule is hereby suspended,
   2-21  and that this Act take effect and be in force from and after its
   2-22  passage, and it is so enacted.