SLC C.S.H.B. 2847 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
C.S.H.B. 2847
By: Berlanga
4-16-97
Committee Report (Substituted)


BACKGROUND 

Erosion of the public beach seaward of the seawall on North Padre Island
in Nueces County has moved the public easement landward, past the seawall,
affecting private property including existing structures such as hotels
and condominiums.  The cloud on title due to the state's potential claim
on the land within the public easement caused a dramatic loss in property
values and a six-fold reduction in ad valorem tax revenues.  At the same
time, public access to the public beach seaward of the 4,500 ft. seawall
was limited. 

In the 74th Legislative Session, S.B. 1688 was adopted amending Section
61.017 of the Natural Resources Code to establish a new boundary line for
the public beach provided that certain conditions be met.  The three
conditions included the granting of a perpetual easement for pedestrian
use along the seawall, the acquisition of an area for public parking in
the center onethird of the seawall, and the establishment of permanent
roadway easements at each end of the seawall.  Each of those conditions
have been met; however, a portion of the land acquired by the City of
Corpus Christi for the parking facility lies outside the center one-third
of the seawall. 

PURPOSE

H.B. 2847 clarifies the prior amendments to Section 61.017, Natural
Resources Code, to provide that the public parking facility may be located
within 300 feet of the center one-third of such a seawall in order to
establish the line of vegetation where a natural vegetation line does not
exist. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 61.017(c)(1), Natural Resources Code, as follows:

 (c) (1) Extends the time period for compliance with the required
conditions from December 31, 1996 to September 2, 1997.  This section
requires for obtaining fee title to the surface estate of an area for
public parking adjacent to the seawall to be located within 300 feet of
the center one-third of the seawall.  

SECTION 2. Any court judgement in effect on the effective date of this Act
regarding circumstances described in Subsection (c)(1), Section 61.017,
Natural Resources Code, as added by this Act, is modified by that section
to extent that the judgement is in conflict with that section. 

SECTION 3. Effective date is September 1, 1997.

SECTION 4. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 2847 is very similar to HB 2847.  The most substantial change in CSHB
2847 is the  deletion of Sec. 61.017(2), Natural Resources, which uses a
line of vegetation to establish the landward boundary of the public beach
and of the public easement. 

CSHB 2847 also strikes original language in SECTION 2 that establishes the
landward boundary of the public beach and of the public easement in any
instance in which the circumstances described in Subsection (c), Section
61.017, Natural Resources Code, as added by this Act, including the
dedication of the public easement and the conveyance of the public parking
and use area, are completed prior to September 2, 1997. 

CSHB 2847 also amends the original caption by condensing the caption to
read as follows, "relating to the line of vegetation in an area of public
beach near certain seawalls."