Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By: Truan S.B. No. 1050
A BILL TO BE ENTITLED
AN ACT
1-1 relating to protection of the State's ownership of Permanent School
1-2 Fund 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 Sections 33.140 and 33.141 to read as follows:
1-6 Sec. 33.140. PRESERVATION OF PROPERTY AND LITTORAL RIGHTS.
1-7 (a) Notwithstanding any law to the contrary, no action relating to
1-8 erosion response which will cause, or contribute to shoreline
1-9 alteration, shall be undertaken within the coastal zone, as
1-10 established in Section 503.1, Chapter 31, Texas Administrative
1-11 Code, prior to conducting and filing a coastal boundary survey in
1-12 the same manner as the survey of public land required in Chapter 21
1-13 of this code, and all applicable rules adopted by the commissioner,
1-14 and obtaining any required lease, easement or other instrument from
1-15 the commissioner or School Land Board, as applicable. Upon the
1-16 filing of the survey, the shoreline depicted on the survey shall
1-17 become, and remain, a fixed line for the purpose of locating a
1-18 shoreline boundary, subject to movement landward of such line. A
1-19 coastal boundary survey conducted under this section shall not be
1-20 filed until notice of approval is given by the commissioner under
1-21 Subsection (d) of this section.
1-22 (b) For the purposes of this section, "erosion response"
1-23 means an action intended to address coastal erosion, mitigate the
2-1 effect of coastal erosion, or maintain or enhance beach stability
2-2 or width including, but not limited to, beach nourishment, sediment
2-3 management, beneficial use of dredged material, construction of
2-4 breakwaters, dune creation or enhancement, and revegetation.
2-5 Erosion response shall not mean or refer to construction of a
2-6 breakwater or bulkhead landward of the shoreline depicted on a
2-7 current coastal boundary survey.
2-8 (c) The survey shall contain the following statement:
2-9 NOTICE: This survey was performed in accordance with Section,
2-10 33.140, Natural Resources Code, for the purpose of evidencing the
2-11 location of the shoreline in the area depicted hereon prior to the
2-12 commencement of an erosion response activity in the coastal zone,
2-13 as required by Chapter 33, Natural Resources Code. If a lease,
2-14 easement or other instrument was issued by the commissioner or
2-15 School Land Board in connection with the erosion response activity,
2-16 the line depicted hereon shall fix the shoreline for the purpose of
2-17 locating a shoreline boundary, subject to movement landward as
2-18 provided in Section 33.140, Natural Resources Code.
2-19 (d) Within 30 days after the date the commissioner approves
2-20 a coastal boundary survey under this section, the commissioner
2-21 shall provide notice of his approval, by:
2-22 (1) publication in the Texas Register;
2-23 (2) publication for two consecutive weeks in a
2-24 newspaper of general circulation in the county or counties in which
2-25 the land is located; and
3-1 (3) filing a copy of his decision in the Archives and
3-2 Records Division of the Land office.
3-3 (e) Any upland owner who, due to erosion response activity
3-4 undertaken by the commissioner, ceases to be a holder of title to
3-5 land which extends to the shoreline as altered by the erosion
3-6 response activity shall be entitled to continue to exercise all
3-7 littoral rights possessed by that owner prior to the date the
3-8 activity commenced, including, but not limited to, rights of
3-9 ingress, egress, boating, bathing, and fishing.
3-10 Sec. 33.141. PROOF OF CLAIM. Any person who claims title to
3-11 Permanent School Fund land as a result of accretion, reliction, or
3-12 avulsion within the coastal zone after the effective date of this
3-13 Act shall, in order to prevail in his claim, prove that:
3-14 (1) a change in the shoreline has occurred;
3-15 (2) the change did not occur as result of the
3-16 claimant's actions, the action of any predecessor in title, the
3-17 action of any grantee, assignee, licensee, or person authorized by
3-18 him to use his land, or an erosion response activity; and
3-19 (3) the claimant is entitled to benefit from the
3-20 change.
3-21 SECTION 2. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
4-1 and that this Act take effect and be in force from and after its
4-2 passage, and it is so enacted. relating to coastal erosion
4-3 planning and response.