AN ACT
1-1 relating to artificial processes affecting ownership of coastal
1-2 public land.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter D, Chapter 33, Natural Resources Code,
1-5 is amended by adding Section 33.136 to read as follows:
1-6 Sec. 33.136. PROPERTY RIGHTS: PRESERVATION OF LITTORAL
1-7 RIGHTS. (a) Notwithstanding any law to the contrary, a person may
1-8 not undertake, on the public beach, as defined in Section
1-9 61.001(8), Texas Natural Resources Code, an action relating to
1-10 erosion response that will cause or contribute to shoreline
1-11 alteration before the person has conducted and filed a coastal
1-12 boundary survey in the same manner as the survey of public land
1-13 required by Chapter 21 and any applicable rule of the commissioner.
1-14 On filing of the survey, the shoreline depicted on the survey is a
1-15 fixed line for the purpose of locating a shoreline boundary,
1-16 subject to erosion landward of that line. A coastal boundary
1-17 survey conducted under this section may not be filed until the
1-18 commissioner gives notice of approval under Subsection (c).
1-19 (b) The survey must contain the following statement:
1-20 "NOTICE: This survey was performed in accordance with Section
1-21 33.136, Natural Resources Code, for the purpose of evidencing the
1-22 location of the shoreline in the area depicted in this survey as
1-23 that shoreline existed before commencement of erosion response
2-1 activity on the public beach, as required by Chapter 33, Natural
2-2 Resources Code. The line depicted on this survey fixes the
2-3 shoreline for the purpose of locating a shoreline boundary, subject
2-4 to erosion landward as provided by Section 33.136, Natural
2-5 Resources Code."
2-6 (c) Within 30 days after the date the commissioner approves
2-7 a coastal boundary survey fixing the location of the shoreline
2-8 under this section, the commissioner shall provide notice of the
2-9 commissioner's action by:
2-10 (1) publication in the Texas Register;
2-11 (2) publication for two consecutive weeks in a
2-12 newspaper of general circulation in the county or counties in which
2-13 the land is located; and
2-14 (3) filing a copy of the commissioner's decision in
2-15 the archives and records division of the land office.
2-16 (d) A person who claims title to land as a result of
2-17 accretion, reliction, or avulsion on the public beach in an area
2-18 where the shoreline was or may have been changed by an action
2-19 relating to erosion response must, in order to prevail in the
2-20 claim, prove that:
2-21 (1) a change in the shoreline has occurred;
2-22 (2) the change did not occur as a result of the
2-23 claimant's actions, the action of any predecessor in title, the
2-24 action of any grantee, assignee, licensee, or person authorized by
2-25 the claimant to use the claimant's land, or an erosion response
3-1 activity; and
3-2 (3) the claimant is entitled to benefit from the
3-3 change.
3-4 (e) An upland owner who, because of erosion activity
3-5 undertaken by the commissioner, ceases to hold title to land that
3-6 extends to the shoreline as altered by the erosion response
3-7 activity is entitled to continue to exercise all littoral rights
3-8 possessed by that owner before the date the erosion response
3-9 activity commenced, including rights of ingress, egress, boating,
3-10 bathing, and fishing.
3-11 (f) In this section, "erosion response" means an action
3-12 intended to address coastal erosion, mitigate the effect of coastal
3-13 erosion, or maintain or enhance beach stability or width. The term
3-14 includes:
3-15 (1) beach nourishment;
3-16 (2) sediment management;
3-17 (3) beneficial use of dredged material;
3-18 (4) construction of breakwaters;
3-19 (5) dune creation or enhancement; and
3-20 (6) revegetation.
3-21 SECTION 2. This Act takes effect September 1, 1997, and
3-22 applies only to an erosion response action initiated on or after
3-23 that date.
3-24 SECTION 3. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1050 passed the Senate on
April 30, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1050 passed the House on
May 21, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor