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.