75R8963 MI-F
By Berlanga, Luna, Seaman, Hawley H.B. No. 2847
Substitute the following for H.B. No. 2847:
By Bosse C.S.H.B. No. 2847
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the line of vegetation in an area of public beach near
1-3 certain seawalls.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 61.017(c)(1), Natural Resources Code, is
1-6 amended to read as follows:
1-7 (c)(1) In an area of public beach where a seawall structure
1-8 constructed in its entirety as a single structure of one design
1-9 before 1970 and continuously maintained with a height of not less
1-10 than 11 feet above mean low tide interrupts the natural line of
1-11 vegetation for a distance not less than 4,000 feet nor greater than
1-12 4,500 feet, the line of vegetation is along the seaward side of the
1-13 seawall for the distance marked by the seawall, provided that prior
1-14 to September 2, 1997 [December 31, 1996]:
1-15 (A) a perpetual easement has been granted in
1-16 favor of the public affording pedestrian, noncommercial use along
1-17 and over the entire length of the seawall and adjacent sidewalk by
1-18 the general public;
1-19 (B) fee title to the surface estate to an area
1-20 for public parking and other public uses adjacent to the seawall
1-21 has been conveyed to and accepted by a public entity, which area
1-22 contains sufficient acreage to provide at least one parking space
1-23 for each 15 linear feet of the seawall, is located within the
1-24 center one-third of the length of the seawall or not farther than
2-1 300 feet from that center one-third, and has frontage on the
2-2 seawall for at least 300 linear feet; and
2-3 (C) permanent roadway easements exist within
2-4 1,000 feet of each end of the seawall affording vehicular access
2-5 from the nearest public road to the beach.
2-6 SECTION 2. Any court judgment in effect on the effective
2-7 date of this Act regarding circumstances described by Section
2-8 61.017(c)(1), Natural Resources Code, as amended by this Act, is
2-9 modified by that section, as amended, to the extent that the
2-10 judgment is in conflict with that section.
2-11 SECTION 3. This Act takes effect September 1, 1997.
2-12 SECTION 4. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.