By: Truan S.B. No. 1050 A BILL TO BE ENTITLED 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.