Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Berlanga                                     H.B. No. 2847

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the establishment of the line of vegetation along the

 1-3     Gulf of Mexico in an area of public beach where a seawall structure

 1-4     constructed in its entirety as a single structure of one design

 1-5     before 1970 and continuously maintained with a height of not less

 1-6     than 11 feet above mean low tide interrupts the natural line of

 1-7     vegetation for a distance not less than 4,000 feet nor greater than

 1-8     4,500 feet.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section 61.017, Natural Resources Code, is

1-11     amended by amending Subsection (c) to read as follows:

1-12           (c)(1)  In an area of public beach where a seawall structure

1-13     constructed in its entirety as a single structure of one design

1-14     before 1970 and continuously maintained with a height of not less

1-15     than 11 feet above mean low tide interrupts the natural line of

1-16     vegetation for a distance not less than 4,000 feet nor greater than

1-17     4,500 feet, the line of vegetation is along the seaward side of the

1-18     seawall for the distance marked by the seawall, provided that prior

1-19     to [December 31, 1996] September 2, 1997:

1-20                       (A)  a perpetual easement has been granted in

1-21     favor of the public affording pedestrian, noncommercial use along

1-22     and over the entire length of the seawall and adjacent sidewalk by

1-23     the general public;

1-24                       (B)  fee title to the surface estate to an area

 2-1     for public parking and other public uses adjacent to the seawall

 2-2     has been conveyed to and accepted by a public entity, which area

 2-3     contains sufficient acreage to provide at least one parking space

 2-4     for each 15 linear feet of the seawall, is located within the

 2-5     center one-third of the length of the seawall (or within 300 feet

 2-6     of such center one-third), and has frontage on the seawall for at

 2-7     least 300 linear feet; and

 2-8                       (C)  permanent roadway easements exist within

 2-9     1,000 feet of each end of the seawall affording vehicular access

2-10     from the nearest public road to the beach.

2-11                 (2)  A line of vegetation established as described in

2-12     this subsection shall be the landward boundary of the public beach

2-13     and of the public easement for all purposes.  Fee title to all

2-14     submerged land as described in this code shall remain in the State

2-15     of Texas.

2-16           SECTION 2.  The change in law made by Subsection (c), Section

2-17     61.017, Natural Resources Code, as added by this Act, establishes

2-18     the landward boundary of the public beach and of the public

2-19     easement in any instance in which the circumstances described in

2-20     Subsection (c), Section 61.017, Natural Resources Code, as added by

2-21     this Act, including the dedication of the public easement and the

2-22     conveyance of the public parking and use area, are completed prior

2-23     to September 2, 1997.  Any court judgment in effect prior to the

2-24     effective date of this Act regarding circumstances described in

2-25     Subsection (c), Section 61.017, Natural Resources Code, as added by

2-26     this Act, is modified by that section to the extent that the

2-27     judgment is in conflict with that section.

2-28           SECTION 3.  This act takes effect September 1, 1997.

2-29           SECTION 4.  The importance of this legislation and the

2-30     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended.