76R13152 E                           
         By Gray, Eiland, Seaman, Luna                         H.B. No. 2560
         Substitute the following for H.B. No. 2560:
         By Bosse                                          C.S.H.B. No. 2560
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to coastal erosion.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Public beaches and bays are the economic backbone
 1-5     of the cities and counties on the Texas Gulf Coast.  Natural and
 1-6     man-made forces are eroding those beaches and bay shores,
 1-7     threatening the coastal tourism industry, parks and other public
 1-8     lands and facilities, hotels, restaurants, businesses, and other
 1-9     commercial property, highways and other transportation
1-10     infrastructure, and fish and wildlife habitat and destroying the
1-11     public's right to enjoy free public beaches guaranteed under the
1-12     Texas open beaches law, Chapter 61, Natural Resources Code.  A
1-13     coastal erosion response program, partially funded by the hotel
1-14     occupancy tax, will preserve all of those vital assets and natural
1-15     resources and protect the economic future of the Texas Gulf Coast.
1-16           SECTION 2.  Sections 33.136(a)-(e), Natural Resources Code,
1-17     are amended to read as follows:
1-18           (a)  Notwithstanding any law to the contrary, a person may
1-19     not undertake[, on the public beach, as defined in Section
1-20     61.001(8), Texas Natural Resources Code,] an action  on or
1-21     immediately landward of a public beach or submerged land, including
1-22     state mineral lands, relating to erosion response that will cause
1-23     or contribute to shoreline alteration before the person has
1-24     conducted and filed a coastal boundary survey in the same manner as
 2-1     the survey of public land required by Chapter 21 and any applicable
 2-2     rule of the commissioner and has obtained any required lease or
 2-3     other instrument from the  commissioner or board, as applicable.  A
 2-4     person is not required to obtain a lease or other instrument from
 2-5     the commissioner or board if the action is confined to land owned
 2-6     by a navigation district or municipality.  On filing of the survey,
 2-7     the shoreline depicted on the survey is a fixed line for the
 2-8     purpose of locating a shoreline boundary, subject to movement
 2-9     [erosion] landward of that line.  A coastal boundary survey
2-10     conducted under this section may not be  filed until the
2-11     commissioner gives notice of approval under Subsection (c).
2-12           (b)  The survey must contain the following statement:
2-13     "NOTICE:  This survey was performed in accordance with Section
2-14     33.136, Natural Resources Code, for the purpose of evidencing the
2-15     location of the shoreline in the area depicted in this survey as
2-16     that shoreline existed before commencement of erosion response
2-17     activity [on the public beach], as required by Chapter 33, Natural
2-18     Resources Code.  The line depicted on this survey fixes the
2-19     shoreline for the purpose of locating a shoreline boundary, subject
2-20     to movement [erosion] landward as provided by Section 33.136,
2-21     Natural Resources Code."
2-22           (c)  Within 30 days after the date the commissioner approves
2-23     a coastal boundary survey [fixing the location of the shoreline]
2-24     under this section, the commissioner shall provide notice of that
2-25     approval [the commissioner's action] by:
2-26                 (1)  publication in the Texas Register;
2-27                 (2)  publication for two consecutive weeks in a
 3-1     newspaper of general circulation in the county or counties in which
 3-2     the land depicted in the survey is located; and
 3-3                 (3)  filing a copy of the approval [commissioner's
 3-4     decision] in the archives and records division of the land office.
 3-5           (d)  A person who claims title to permanent school fund land
 3-6     as a result of accretion, reliction, or avulsion in the coastal
 3-7     zone on or after September 1, 1999, [on the public beach in an area
 3-8     where the shoreline was or may have been changed by an action
 3-9     relating to erosion response] must, in order to prevail in the
3-10     claim, prove that:
3-11                 (1)  a change in the shoreline has occurred;
3-12                 (2)  the change did not occur as a result of the
3-13     claimant's actions, the action of any predecessor in title, the
3-14     action of any grantee, assignee, licensee, or person authorized by
3-15     the claimant to use the claimant's land, or an erosion response
3-16     activity; and
3-17                 (3)  the claimant is entitled to benefit from the
3-18     change.
3-19           (e)  An upland owner who, because of erosion response
3-20     activity undertaken by the commissioner, ceases to hold title to
3-21     land that extends to  the shoreline as altered by the erosion
3-22     response activity is entitled to continue to exercise all littoral
3-23     rights possessed by that owner before the date the erosion response
3-24     activity commenced, including rights of ingress, egress, boating,
3-25     bathing, and fishing.
3-26           SECTION 3.  Section 33.203(10), Natural Resources Code, is
3-27     amended to read as follows:
 4-1                 (10)  "Critical erosion area" has the meaning assigned
 4-2     the term "critical coastal erosion area" [means an area designated]
 4-3     by [the land commissioner under] Section 33.601 [33.601(b)].
 4-4           SECTION 4.  Subchapter H, Chapter 33, Natural Resources Code,
 4-5     is amended to read as follows:
 4-6                       SUBCHAPTER H.  COASTAL EROSION
 4-7           Sec. 33.601.  DEFINITIONS.  In this subchapter:
 4-8                 (1)  "Account" means the coastal erosion response
 4-9     account established under Section 33.604.
4-10                 (2)  "Beach nourishment" means the placement of
4-11     beach-quality sediment on an eroded beach to restore it as a
4-12     recreational beach, provide storm protection for upland property,
4-13     maintain a restored beach by the replacement of sand, or serve
4-14     other similar beneficial purposes.
4-15                 (3)  "Coastal erosion" means the loss of land, marshes,
4-16     wetlands, beaches, or other coastal features within the coastal
4-17     zone because of the actions of wind, waves, tides, storm surges,
4-18     subsidence, or other forces.
4-19                 (4)  "Critical coastal erosion area" means a coastal
4-20     area that is experiencing historical erosion, according to the most
4-21     recently published data of the Bureau of Economic Geology of The
4-22     University of Texas at Austin, that the commissioner finds to be a
4-23     threat to:
4-24                       (A)  public health, safety, or welfare;
4-25                       (B)  public beach use or access;
4-26                       (C)  general recreation;
4-27                       (D)  traffic safety;
 5-1                       (E)  public property or infrastructure;
 5-2                       (F)  private commercial or residential property;
 5-3                       (G)  fish or wildlife habitat; or
 5-4                       (H)  an area of regional or national importance.
 5-5                 (5)  "Erosion response project" means an action
 5-6     intended to address or mitigate coastal erosion, including beach
 5-7     nourishment, sediment management, beneficial use of dredged
 5-8     material, creation or enhancement of a dune, wetland, or marsh, and
 5-9     construction of a breakwater, bulkhead, groin, jetty, or other
5-10     structure.
5-11                 (6)  "Hard structure" means an erosion response
5-12     structure such as a bulkhead, seawall, revetment, jetty, or groin
5-13     or a similar structure that is the functional equivalent of one of
5-14     those structures.
5-15                 (7)  "Institution of higher education" has the meaning
5-16     assigned by Section 61.003, Education Code.
5-17                 (8)  "Local government" means a political subdivision
5-18     of this state.
5-19                 (9)  "Project cooperation agreement" means a contract
5-20     executed by the land office and a qualified project partner that
5-21     explicitly defines the terms under which a study or project will be
5-22     conducted.
5-23                 (10)  "Public beach" has the meaning assigned by
5-24     Section 61.013.
5-25                 (11)  "Qualified project partner" means a local
5-26     government, state or federal agency, institution of higher
5-27     education, homeowners' association, or other public or private
 6-1     entity that enters into an agreement with the land office to
 6-2     finance, study, design, install, or maintain an erosion response
 6-3     project.
 6-4                 (12)  "Shared project cost" means a project cost
 6-5     identified by the commissioner and established in a project
 6-6     cooperation agreement that will be shared with a qualified project
 6-7     partner.
 6-8           Sec. 33.602.  COASTAL EROSION DUTIES AND AUTHORITY.  (a)  The
 6-9     land office shall implement a program [act as the lead agency for
6-10     the coordination] of coastal erosion avoidance, remediation, and
6-11     planning.  The commissioner shall ensure that erosion avoidance,
6-12     remediation, and planning protect the common law rights of the
6-13     public in public beaches as affirmed by Subchapter B, Chapter 61
6-14     [of this code].
6-15           (b)  The commissioner shall publish and periodically update a
6-16     coastal erosion response plan.  The commissioner shall develop the
6-17     plan[,] in coordination with state and federal agencies and local
6-18     governments and provide for public input on the plan.  The plan
6-19     must[, promulgate rules, recommendations, standards, and guidelines
6-20     for erosion avoidance and remediation and for prioritizing critical
6-21     coastal erosion areas.  The commissioner shall] identify critical
6-22     coastal erosion areas and prioritize coastal erosion response
6-23     studies and projects so that:
6-24                 (1)  benefits are balanced throughout the coast;
6-25                 (2)  federal and local financial participation is
6-26     maximized;
6-27                 (3)  studies and projects are scheduled to achieve
 7-1     efficiencies and economies of scale; and
 7-2                 (4)  the severity of erosion effects in each area is
 7-3     taken into account [establish recommendations, standards, and
 7-4     guidelines for coastal erosion avoidance and remediation in those
 7-5     areas].
 7-6           (c)  The commissioner may adopt rules necessary to implement
 7-7     this subchapter.
 7-8           Sec. 33.603 [33.602].  COASTAL EROSION STUDIES AND PROJECTS.
 7-9     (a)  The land office shall undertake coastal [engage in]  erosion
7-10     studies, demonstration projects, and response projects if the land
7-11     office receives legislative appropriations or other funding for
7-12     that purpose.  If  reasonable and appropriate, the land office
7-13     shall work [studies] in conjunction with other state agencies,
7-14     local governments, [and] federal agencies, including the United
7-15     States Army Corps of Engineers, or other qualified project partners
7-16     in undertaking those studies and projects.
7-17           (b)  The studies and [Such] projects [and studies] shall
7-18     address:
7-19                 (1)  assessment of the feasibility, cost, and financing
7-20     of different methods of avoiding, slowing, or remedying coastal
7-21     erosion; [, including but not limited to the following:]
7-22                 (2)  beneficial [(1) selective] placement [and
7-23     stockpiling] of [beach-quality] dredged material where appropriate
7-24     to replenish eroded public beach, bay shore, marsh [bay], and dune
7-25     areas;
7-26                 (3)  public beach, bay shore, and marsh nourishment or
7-27     restoration projects using sediments other than material from
 8-1     navigational or other dredging projects;
 8-2                 (4) [(2)]  guidelines on grain size and toxicity level;
 8-3                 (5)  the economic, natural resource, and other benefits
 8-4     of coastal erosion projects;
 8-5                 (6) [(3)  establishment of beach nourishment projects
 8-6     as a method of flood control;]
 8-7                 [(4)  promoting] the protection, revegetation, and
 8-8     restoration of dunes;
 8-9                 (7) [(5)]  the planting of vegetation as a means of
8-10     inhibiting bay shore [bayshore] erosion and projects developing and
8-11     cultivating disease-resistant vegetation adapted to local
8-12     conditions;
8-13                 (8) [(6)  decreasing the current deficiency in the sand
8-14     budget;]
8-15                 [(7)]  the construction or retrofitting [feasibility]
8-16     of [constructing new] dams, jetties, groins, and other impoundment
8-17     structures with sediment bypassing systems;
8-18                 [(8)  the feasibility of retrofitting existing
8-19     impoundment structures to allow sediment bypassing;]
8-20                 (9)  estimating the quantity and quality of sediment
8-21     trapped by reservoirs, navigation channels, and placement areas and
8-22     identification of other [the] sediment sources;
8-23                 (10)  hard structures on bay shorelines,
8-24     [(10)  decreasing and eliminating human-induced subsidence by means
8-25     including, but not limited to, evaluating the consequences of
8-26     limiting groundwater withdrawals and maintaining adequate pressure
8-27     in hydrocarbon reservoirs, consistent with proper petroleum
 9-1     reservoir engineering principles and applicable regulatory
 9-2     requirements; and]
 9-3                 [(11)]  giving preference to [and encouraging] "soft"
 9-4     methods of avoiding, slowing, or remedying erosion in lieu of
 9-5     erecting hard or rigid shorefront structures;
 9-6                 (11)  storm damage mitigation, post-storm damage
 9-7     assessment, and debris removal from public beaches; and
 9-8                 (12)  other studies or projects the commissioner
 9-9     considers necessary or appropriate to implement this subchapter.
9-10           (c)  An agreement between the commissioner and a qualified
9-11     project partner to undertake a coastal erosion response study or
9-12     project:
9-13                 (1)  must require the qualified project partner to pay
9-14     at least 25 percent of the shared project cost:
9-15                       (A)  before completion of the project; or
9-16                       (B)  following completion of the project, in
9-17     accordance with a schedule provided by the agreement; and
9-18                 (2)  may contain other terms governing the study or
9-19     project.
9-20           (d)  This chapter does not authorize the construction or
9-21     funding of a hard structure on or landward of a public beach.
9-22           Sec. 33.604.  COASTAL EROSION RESPONSE ACCOUNT.  (a)  The
9-23     coastal erosion response account is an account in the general
9-24     revenue fund that may be appropriated only to the commissioner and
9-25     used only for the purpose of implementing this subchapter.
9-26           (b)  The account consists of:
9-27                 (1)  all money appropriated for the purposes of this
 10-1    subchapter;
 10-2                (2)  grants to this state from the United States for
 10-3    the purposes of this subchapter; and
 10-4                (3)  all money received by this state from the sale of
 10-5    dredged material.
 10-6          Sec. 33.605.  USES OF ACCOUNT.  (a)  Money in the account may
 10-7    be used for any action authorized by this subchapter.
 10-8          (b)  The commissioner must approve an expenditure from the
 10-9    account.  In determining whether to approve an expenditure for a
10-10    study or project, the commissioner shall consider:
10-11                (1)  the amount of money in the account;
10-12                (2)  the feasibility and cost-effectiveness of the
10-13    study or project;
10-14                (3)  the locations of other existing or proposed
10-15    erosion response projects;
10-16                (4)  the needs in other critical coastal erosion areas;
10-17                (5)  the effect of the study or project on public or
10-18    private property; and
10-19                (6)  if the site to be studied or project to be
10-20    conducted  will be located within the jurisdiction of a local
10-21    government subject to Chapter 61 or 63, whether the local
10-22    government is adequately administering those chapters.
10-23          Sec. 33.606 [33.603].  GRANTS AND GIFTS.  The commissioner
10-24    may apply for, request, solicit, contract for, receive, and accept
10-25    gifts, grants, donations, and other assistance from any source to
10-26    carry out the powers and duties provided by this subchapter.
10-27          Sec. 33.607 [33.604].  COASTAL EROSION PUBLIC AWARENESS AND
 11-1    EDUCATION.  (a)  The land office shall be responsible for and shall
 11-2    coordinate with other agencies to increase public awareness through
 11-3    public education concerning:
 11-4                (1)  the causes of erosion;
 11-5                (2)  the consequences of erosion;
 11-6                (3)  the importance of barrier islands, dunes, and bays
 11-7    as a natural defense against storms and hurricanes; and
 11-8                (4)  erosion avoidance techniques.
 11-9          (b)  On an ongoing basis, the [The] commissioner, in
11-10    consultation [cooperation] with the Bureau of Economic Geology of
11-11    The University of Texas at Austin [Bureau of Economic Geology] and
11-12    coastal [local] county and municipal governments [for each coastal
11-13    county], shall monitor historical [jointly quantify the] erosion
11-14    rates at each location along the shore of the Gulf of Mexico.
11-15          (c)  The commissioner shall make historical erosion data
11-16    accessible, through the Internet and otherwise, to the public and
11-17    persons receiving the notice required under Section 61.025.
11-18          (d)  A local government subject to Chapter 61 or 63 is
11-19    encouraged to use historical erosion data to[,] prepare a plan for
11-20    reducing public expenditures for erosion and storm damage losses to
11-21    public  and private property, including public beaches, by
11-22    establishing and implementing a building set-back line that will
11-23    accommodate a [50-year] shoreline retreat.  The local government
11-24    shall hold a public educational meeting on the plan before
11-25    proposing to implement it through the plans, orders, or ordinances
11-26    provided by Chapters 61 and 63[, and report back to the legislature
11-27    with recommendations].
 12-1          Sec. 33.608.  REPORT TO LEGISLATURE.  Each biennium, the
 12-2    commissioner shall submit to the legislature a report listing:
 12-3                (1)  each critical erosion area;
 12-4                (2)  each proposed erosion response study or project;
 12-5                (3)  an estimate of the cost of each  proposed study or
 12-6    project described by Subdivision (2);
 12-7                (4)  each coastal erosion response study or project
 12-8    funded under this subchapter during the preceding biennium;
 12-9                (5)  the economic and natural resource benefits from
12-10    each coastal erosion response study or project described by
12-11    Subdivision (4);
12-12                (6)  the financial status of the account; and
12-13                (7)  an estimate of the cost of implementing this
12-14    subchapter during the succeeding biennium.
12-15          Sec. 33.609.  LANDOWNER CONSENT.  (a)  The commissioner may
12-16    not undertake a coastal erosion response project on:
12-17                (1)  permanent school fund land without first obtaining
12-18    the written consent of the school land board; or
12-19                (2)  private property, other than that encumbered by
12-20    the common law rights of the public affirmed by Chapter 61, without
12-21    first obtaining the written consent of the property owner.
12-22          (b)  If the commissioner cannot determine the identity of or
12-23    locate a property owner, consent is considered to have been given
12-24    if:
12-25                (1)  the commissioner publishes a notice of the project
12-26    at least once a week for two consecutive weeks in the newspaper
12-27    having the largest circulation in the county in which the project
 13-1    is located; and
 13-2                (2)  the property owner does not object on or before
 13-3    the 20th day after the last date notice is published under
 13-4    Subdivision (1).
 13-5          Sec. 33.610.  REMOVAL OF SUBMERGED LAND FROM APPRAISAL AND
 13-6    TAX ROLLS.  (a)  If the commissioner determines that land has
 13-7    become submerged by erosion or subsidence and as a result is
 13-8    dedicated to the permanent school fund, the commissioner may notify
 13-9    in writing the appraisal district that appraises the land for ad
13-10    valorem tax purposes and each taxing unit that imposes taxes on the
13-11    land.  The notice must include a legal description of the land.
13-12          (b)  On receipt of notice under Subsection (a):
13-13                (1)  the appraisal district shall remove the land from
13-14    the appraisal roll; and
13-15                (2)  each taxing unit shall remove the land from its
13-16    tax roll.
13-17          Sec. 33.611.  IMMUNITY.  (a)  This state, the commissioner,
13-18    and land office staff are immune from suit for damages and from
13-19    liability for an act or omission related to:
13-20                (1)  the approval, disapproval, funding, or performance
13-21    of a coastal erosion response activity, including an erosion
13-22    response study or project or a survey; or
13-23                (2)  the failure of an erosion response project
13-24    undertaken by the commissioner under this subchapter to fulfill its
13-25    intended purpose.
13-26          (b)  The immunity granted by this section does not apply to
13-27    an act or omission that is intentional, wilfully or wantonly
 14-1    negligent, or performed with conscious indifference or reckless
 14-2    disregard for the safety of others.
 14-3          Sec. 33.612.  JUDICIAL REVIEW.  (a)  Judicial review of
 14-4    rights affected by an action of this state, the commissioner, or
 14-5    land office staff under this subchapter is under the substantial
 14-6    evidence rule.  In order to prevail, a person seeking review must
 14-7    prove that the action complained of was arbitrary, capricious, or
 14-8    otherwise not in accordance with law.
 14-9          (b)  Venue for an action relating to this subchapter is in
14-10    Travis County.
14-11          SECTION 5.  Sections 40.151(a) and (b), Natural Resources
14-12    Code, are amended to read as follows:
14-13          (a)  The purpose of this subchapter is to provide immediately
14-14    available funds for response to all unauthorized discharges, for
14-15    cleanup of pollution from unauthorized discharges of oil, [and] for
14-16    payment of damages from unauthorized discharges of oil, and for
14-17    erosion response projects.
14-18          (b)  The coastal protection fund is established in the state
14-19    treasury to be used by the commissioner as a nonlapsing revolving
14-20    fund only for carrying out the purposes of this chapter and of
14-21    Subchapter H, Chapter 33.  To this fund shall be credited all fees,
14-22    penalties, judgments, reimbursements, and charges provided for in
14-23    this chapter and the fee revenues levied, collected, and credited
14-24    pursuant to this chapter.  The fund shall not exceed $50 million.
14-25          SECTION 6.  Section 40.152(a), Natural Resources Code, is
14-26    amended to read as follows:
14-27          (a)  Money in the fund may be disbursed for the following
 15-1    purposes and no others:
 15-2                (1)  administrative expenses, personnel and training
 15-3    expenses, and equipment maintenance and operating costs related to
 15-4    implementation and enforcement of this chapter;
 15-5                (2)  response costs related to abatement and
 15-6    containment of actual or threatened unauthorized discharges of oil
 15-7    incidental to unauthorized discharges of hazardous substances;
 15-8                (3)  response costs and damages related to actual or
 15-9    threatened unauthorized discharges of oil;
15-10                (4)  assessment, restoration, rehabilitation, or
15-11    replacement of or mitigation of damage to natural resources damaged
15-12    by an unauthorized discharge of oil;
15-13                (5)  in an amount not to exceed $50,000 annually, the
15-14    small spill education program;
15-15                (6)  in an amount not to exceed $1,250,000 annually,
15-16    interagency contracts under Section 40.302 [of this code];
15-17                (7)  the purchase of response equipment under Section
15-18    40.105 [of this code] within two years of the effective date of
15-19    this chapter, in an amount not to exceed $4 million; thereafter,
15-20    for the purchase of equipment to replace equipment that is worn or
15-21    obsolete;
15-22                (8)  an inventory under Section 40.107 [of this code],
15-23    to be completed by September 1, 1995, in an amount not to exceed $6
15-24    million; [and]
15-25                (9)  other costs and damages authorized by this
15-26    chapter; and
15-27                (10)  in an amount not to exceed the interest accruing
 16-1    to the fund annually, erosion response projects under Subchapter H,
 16-2    Chapter 33.
 16-3          SECTION 7.  Section 40.153, Natural Resources Code, is
 16-4    amended to read as follows:
 16-5          Sec. 40.153.  REIMBURSEMENT OF FUND.  The commissioner shall
 16-6    recover to the use of the fund, either from persons responsible for
 16-7    the unauthorized discharge or otherwise liable or from the federal
 16-8    fund, jointly and severally, all sums owed to or expended from the
 16-9    fund.  This section does not apply to sums expended under Section
16-10    40.152(a)(10).
16-11          SECTION 8.  Section 40.161, Natural Resources Code, is
16-12    amended by adding Subsection (c) to read as follows:
16-13          (c)  This section does not apply to a sum expended under
16-14    Section 40.152(a)(10).
16-15          SECTION 9.  Section 61.025(a), Natural Resources Code, is
16-16    amended to read as follows:
16-17          (a)  A person who sells or conveys an interest, other than a
16-18    mineral, leasehold, or security interest, in real property located
16-19    seaward of the Gulf Intracoastal Waterway to its southernmost point
16-20    and then seaward of the longitudinal line also known as 97 degrees,
16-21    12', 19" which runs southerly to the international boundary from
16-22    the intersection of the centerline of the Gulf Intracoastal
16-23    Waterway and the Brownsville Ship Channel must include in any
16-24    executory contract for conveyance the following statement:
16-25          The real property described in this contract is located
16-26    seaward of the Gulf Intracoastal Waterway to its southernmost point
16-27    and then seaward of the longitudinal line also known as 97 degrees,
 17-1    12', 19" which runs southerly to the international boundary from
 17-2    the intersection of the centerline of the Gulf Intracoastal
 17-3    Waterway and the Brownsville Ship Channel.  If the property is in
 17-4    close proximity to a beach fronting the Gulf of Mexico, the
 17-5    purchaser is hereby advised that the public has acquired a right of
 17-6    use or easement to or over the area of any public beach by
 17-7    prescription, dedication, or presumption, or has retained a right
 17-8    by virtue of continuous right in the public since time immemorial,
 17-9    as recognized in law and custom.
17-10          The extreme seaward boundary of natural vegetation that
17-11    spreads continuously inland customarily marks the landward boundary
17-12    of the public easement.  If there is no clearly marked natural
17-13    vegetation line, the landward boundary of the easement is as
17-14    provided by Sections 61.016 and 61.017, Natural Resources Code.
17-15          State law prohibits any obstruction, barrier, restraint, or
17-16    interference with the use of the public easement, including the
17-17    placement of structures seaward of the landward boundary of the
17-18    easement.  STRUCTURES ERECTED SEAWARD OF THE VEGETATION LINE (OR
17-19    OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD OF THE
17-20    VEGETATION LINE AS A RESULT OF NATURAL PROCESSES SUCH AS SHORELINE
17-21    EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE
17-22    THE  STRUCTURES.
17-23          The purchaser is hereby notified that the purchaser should:
17-24                (1)  determine the rate of shoreline erosion in the
17-25    vicinity of the real property; and
17-26                (2)  seek the advice of an attorney or other qualified
17-27    person before executing this contract or instrument of conveyance
 18-1    as to the relevance of these statutes and facts to the value of the
 18-2    property the purchaser is hereby purchasing or contracting to
 18-3    purchase.
 18-4          SECTION 10.  (a)  This Act takes effect September 1, 1999.
 18-5          (b)  Section 33.136(d), Natural Resources Code, as amended by
 18-6    this Act, applies only to a cause of action that accrues on or
 18-7    after September 1, 1999.  A cause of action that accrued before the
 18-8    effective date of this Act is covered by the law as it existed
 18-9    immediately before that date, and that law is continued in effect
18-10    for that purpose.
18-11          (c)  Section 33.609, Natural Resources Code, as added by this
18-12    Act, applies only to erosion response activity undertaken on or
18-13    after September 1, 1999.
18-14          (d)  Section 33.611, Natural Resources Code, as added by this
18-15    Act, applies only to a cause of action that accrues on or after
18-16    September 1, 1999.  A cause of action that accrued before the
18-17    effective date of this Act is covered by the law as it existed
18-18    immediately before that date, and that law is continued in effect
18-19    for that purpose.
18-20          SECTION 11.  The importance of this legislation and the
18-21    crowded condition of the calendars in both houses create an
18-22    emergency and an imperative public necessity that the
18-23    constitutional rule requiring bills to be read on three several
18-24    days in each house be suspended, and this rule is hereby suspended.