1-1 By: Berlanga, et al. (Senate Sponsor - Truan) H.B. No. 2847
1-2 (In the Senate - Received from the House April 27, 1997;
1-3 April 29, 1997, read first time and referred to Committee on
1-4 Natural Resources; May 9, 1997, reported favorably by the following
1-5 vote: Yeas 9, Nays 0; May 9, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the line of vegetation in an area of public beach near
1-9 certain seawalls.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 61.017(c)(1), Natural Resources Code, is
1-12 amended to read as follows:
1-13 (c)(1) In an area of public beach where a seawall structure
1-14 constructed in its entirety as a single structure of one design
1-15 before 1970 and continuously maintained with a height of not less
1-16 than 11 feet above mean low tide interrupts the natural line of
1-17 vegetation for a distance not less than 4,000 feet nor greater than
1-18 4,500 feet, the line of vegetation is along the seaward side of the
1-19 seawall for the distance marked by the seawall, provided that prior
1-20 to September 2, 1997 [December 31, 1996]:
1-21 (A) a perpetual easement has been granted in
1-22 favor of the public affording pedestrian, noncommercial use along
1-23 and over the entire length of the seawall and adjacent sidewalk by
1-24 the general public;
1-25 (B) fee title to the surface estate to an area
1-26 for public parking and other public uses adjacent to the seawall
1-27 has been conveyed to and accepted by a public entity, which area
1-28 contains sufficient acreage to provide at least one parking space
1-29 for each 15 linear feet of the seawall, is located within the
1-30 center one-third of the length of the seawall or not farther than
1-31 300 feet from that center one-third, and has frontage on the
1-32 seawall for at least 300 linear feet; and
1-33 (C) permanent roadway easements exist within
1-34 1,000 feet of each end of the seawall affording vehicular access
1-35 from the nearest public road to the beach.
1-36 SECTION 2. Any court judgment in effect on the effective
1-37 date of this Act regarding circumstances described by Section
1-38 61.017(c)(1), Natural Resources Code, as amended by this Act, is
1-39 modified by that section, as amended, to the extent that the
1-40 judgment is in conflict with that section.
1-41 SECTION 3. This Act takes effect September 1, 1997.
1-42 SECTION 4. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended.
1-47 * * * * *