1-1        By:  Wentworth                                  S.B. No. 1377
    1-2        (In the Senate - Filed March 13, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  April 24, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; April 24, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1377                   By:  Brown
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to recreational easements retained by the Lower Colorado
   1-11  River Authority after the sale of land.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 18, Chapter 7, Acts of the 43rd
   1-14  Legislature, 4th Called Session, 1934 (Article 8280-107, Vernon's
   1-15  Texas Civil Statutes), is amended to read as follows:
   1-16        Sec. 18.  The district shall not prevent public use of its
   1-17  lands for recreation purposes and fishing except at such points
   1-18  where, in the opinion of the directors, such use would interfere
   1-19  with the proper conduct of the business of the district or would
   1-20  interfere with the lawful use of the property.  No lease of
   1-21  district lands, except one expressly permitted by Section 17 of
   1-22  this Act, is lawful unless it provides for free public use of the
   1-23  lands for recreational purposes and fishing.
   1-24        All public rights of way now traversing the areas flooded, or
   1-25  to be flooded, by the impounded waters shall remain open as a way
   1-26  of free public passage to and from the lakes created, and no charge
   1-27  shall ever be made to the public for the right to engage in
   1-28  fishing, boating or swimming thereon.
   1-29        If any citizen of Texas or of the United States advises the
   1-30  Attorney General of Texas that this section has not been complied
   1-31  with, the attorney general is authorized after investigation of the
   1-32  complaint and notice to the district to institute the proper legal
   1-33  proceedings, if any are required, to require the district or its
   1-34  successor to comply with this section.
   1-35        Provided, that if any of the land owned by the district
   1-36  bordering the lakes to be created under the authority of this Act
   1-37  be sold by the district, the district shall retain in each tract a
   1-38  strip 20 feet wide abutting the high water line of the lake for the
   1-39  purpose of passage and use by the public for public sports and
   1-40  amusements, provided further, however, that this provision may be
   1-41  waived in <shall not apply to> any sales of land by the district to
   1-42  any person or state or federal agency to be used for game or fish
   1-43  sanctuaries, preserves, <or for> propagation purposes, or for park,
   1-44  recreational, or open space purposes.
   1-45        SECTION 2.  The change in law made by this Act applies only
   1-46  to a sale of land by the Lower Colorado River Authority the closing
   1-47  date for which is on or after the effective date of this Act.
   1-48        SECTION 3.  The importance of this legislation and the
   1-49  crowded condition of the calendars in both houses create an
   1-50  emergency and an imperative public necessity that the
   1-51  constitutional rule requiring bills to be read on three several
   1-52  days in each house be suspended, and this rule is hereby suspended,
   1-53  and that this Act take effect and be in force from and after its
   1-54  passage, and it is so enacted.
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