By Hightower H.B. No. 2533 75R7952 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to liability of an owner of property on the shoreline of a 1-3 lake for damages arising from a failure to construct or maintain 1-4 adequate shoreline protection. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Title 4, Civil Practice and Remedies Code, is 1-7 amended by adding Chapter 99 to read as follows: 1-8 CHAPTER 99. LAKESHORE PROTECTION 1-9 Sec. 99.001. DAMAGES FOR FAILURE TO CONSTRUCT OR MAINTAIN 1-10 ADEQUATE SHORELINE PROTECTION. A person is entitled to recover 1-11 damages to the person's property located on the shoreline of a lake 1-12 in this state from another owner of property located on the 1-13 shoreline of the lake if the person shows: 1-14 (1) the person's property suffered damages resulting 1-15 from erosion as the result of flooding of the lake; 1-16 (2) the person, through a bulkhead or other method of 1-17 shoreline protection, protected the person's property in a manner 1-18 reasonably designed to prevent the property damage from occurring; 1-19 and 1-20 (3) the property damages were proximately caused by 1-21 the failure of the other owner of property to construct or maintain 1-22 a bulkhead or other method of shoreline protection reasonably 1-23 designed to prevent the property damage from occurring. 1-24 SECTION 2. This Act takes effect September 1, 1997, and 2-1 applies only to a cause of action that accrues on or after that 2-2 date. An action that accrued before the effective date of this Act 2-3 is governed by the law applicable to the action immediately before 2-4 the effective date of this Act, and that law is continued in effect 2-5 for that purpose. 2-6 SECTION 3. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended.