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.