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.