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. 1-60 * * * * *