1-1  By:  Truan                                            S.B. No. 1688
    1-2        (In the Senate - Filed April 28, 1995; April 28, 1995, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  May 3, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; May 3, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1688                   By:  Truan
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the establishment of the line of vegetation along the
   1-11  Gulf of Mexico where a natural vegetation line does not exist.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 61.017, Natural Resources Code, is
   1-14  amended by adding Subsection (c) to read as follows:
   1-15        (c)(1)  In an area of public beach where a seawall structure
   1-16  constructed in its entirety as a single structure of one design
   1-17  before 1970 and continuously maintained with a height of not less
   1-18  than 11 feet above mean low tide interrupts the natural line of
   1-19  vegetation for a distance not less than 4,000 feet nor greater than
   1-20  4,500 feet, the line of vegetation is along the seaward side of the
   1-21  seawall for the distance marked by the seawall, provided that prior
   1-22  to December 31, 1996:
   1-23                    (A)  a perpetual easement has been granted in
   1-24  favor of the public affording pedestrian, noncommercial use along
   1-25  and over the entire length of the seawall and adjacent sidewalk by
   1-26  the general public;
   1-27                    (B)  fee title to the surface estate to an area
   1-28  for public parking and other public uses adjacent to the seawall
   1-29  has been conveyed to and accepted by a public entity, which area
   1-30  contains sufficient acreage to provide at least one parking space
   1-31  for each 15 linear feet of the seawall, is located within the
   1-32  center one-third of the length of the seawall, and has frontage on
   1-33  the seawall for at least 300 linear feet; and
   1-34                    (C)  permanent roadway easements exist within
   1-35  1,000 feet of each end of the seawall affording vehicular access
   1-36  from the nearest public road to the beach.
   1-37              (2)  A line of vegetation established as described in
   1-38  this subsection shall be the landward boundary of the public beach
   1-39  and of the public easement for all purposes.  Fee title to all
   1-40  submerged land as described in this code shall remain in the State
   1-41  of Texas.
   1-42        SECTION 2.  The change in law made by Subsection (c), Section
   1-43  61.017, Natural Resources Code, as added by this Act, establishes
   1-44  the landward boundary of the public beach and of the public
   1-45  easement in any instance in which the circumstances described in
   1-46  Subsection (c), Section 61.017, Natural Resources Code, as added by
   1-47  this Act, including the dedication of the public easement and the
   1-48  conveyance of the public parking and use area, are completed prior
   1-49  to December 31, 1996.  Any court judgment in effect prior to the
   1-50  effective date of this Act regarding circumstances described in
   1-51  Subsection (c), Section 61.017, Natural Resources Code, as added by
   1-52  this Act, is modified by that section to the extent that the
   1-53  judgment is in conflict with that section.
   1-54        SECTION 3.  This Act takes effect September 1, 1995.
   1-55        SECTION 4.  The importance of this legislation and the
   1-56  crowded condition of the calendars in both houses create an
   1-57  emergency and an imperative public necessity that the
   1-58  constitutional rule requiring bills to be read on three several
   1-59  days in each house be suspended, and this rule is hereby suspended.
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