By: Truan S.B. No. 1688 A BILL TO BE ENTITLED AN ACT 1-1 relating to the establishment of the line of vegetation along the 1-2 Gulf of Mexico where a natural vegetation line does not exist. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 61.016, Natural Resources Code, amended 1-5 by adding Subsection (d) to read as follows: 1-6 (d) In an area of public beach where a seawall structure 1-7 constructed before 1970 and continuously maintained with a height 1-8 of not less than 11 feet above mean low tide interrupts the natural 1-9 line of vegetation for a distance not greater than 4,500 feet, the 1-10 line of vegetation is along the seaward side of the seawall for the 1-11 distance marked by the seawall; provided that prior to September 1, 1-12 1997: 1-13 (1) a perpetual easement has been granted in favor of 1-14 the public affording pedestrian, non-commercial use along and over 1-15 the entire length of the seawall and adjacent sidewalk by the 1-16 general public; 1-17 (2) an area for public parking and other public uses 1-18 adjacent to the seawall has been conveyed to and accepted by a 1-19 public entity which contains sufficient acreage to provide at least 1-20 one parking space for each fifteen lineal feet of the seawall, is 1-21 located within the center one-third of the length of the seawall, 1-22 and has frontage on the seawall for at least 300 lineal feet; and 1-23 (3) permanent roadway easements exist within one 2-1 thousand feet of each end of the seawall affording vehicular access 2-2 from the nearest public road to the beach. 2-3 A line of vegetation established as described in this subsection 2-4 shall be the landward boundary of the public beach and of the 2-5 public easement for all purposes until such time as natural 2-6 accretion or restoration occurs and establishes a line more seaward 2-7 than the seawall artificial line. Fee title to all submerged land 2-8 as described in the Natural Resources Code shall remain in the 2-9 State of Texas. 2-10 SECTION 2. The change in law made by Section 61.016(d), 2-11 Natural Resources Code, establishes the landward boundary of the 2-12 public beach and of the public easement in any instance in which 2-13 the circumstances described in Section 61.016(d), including the 2-14 dedication of the public easement and the conveyance of the public 2-15 parking and use area, are in existence prior to September 1, 1997. 2-16 Any court judgment in effect prior to the date of passage of this 2-17 legislation regarding circumstances described in Section 61.016(d) 2-18 is modified by that section to the extent that the judgment is in 2-19 conflict with that section. 2-20 SECTION 3. This act takes effect September 1, 1995. 2-21 SECTION 4. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended.