By:  Bernsen, et al.                                  S.B. No. 1690
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to coastal erosion.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Public beaches and bays are the economic backbone
 1-4     of the cities and counties on the Texas Gulf Coast.  Natural and
 1-5     man-made forces are eroding those beaches and bay shores,
 1-6     threatening the coastal tourism industry, parks and other public
 1-7     lands and facilities, hotels, restaurants, businesses and other
 1-8     commercial property, highways and other transportation
 1-9     infrastructure, and fish and wildlife habitat, and destroying the
1-10     public's right to enjoy free public beaches guaranteed under the
1-11     Texas open beaches law, Chapter 61, Natural Resources Code.  A
1-12     coastal erosion response program, partially funded by the hotel
1-13     occupancy tax, will preserve all of these vital assets and natural
1-14     resources and protect the economic future of the Texas Gulf Coast.
1-15           SECTION 2.  Subsections (a) through (e), Section 33.136,
1-16     Natural Resources Code, are amended to read as follows:
1-17           (a)  Notwithstanding any law to the contrary, a person may
1-18     not undertake[, on the public beach, as defined in Section
1-19     61.001(8), Texas Natural Resources Code,] an action on or
1-20     immediately landward of a public beach or submerged land, including
1-21     state mineral lands, relating to erosion response that will cause
1-22     or contribute to shoreline alteration before the person has
1-23     conducted and filed a coastal boundary survey in the same manner as
1-24     the survey of public land required by Chapter 21 and any applicable
 2-1     rule of the commissioner and has obtained any required lease or
 2-2     other instrument from the commissioner or board, as applicable.  On
 2-3     filing of the survey, the shoreline depicted on the survey is a
 2-4     fixed line for the purpose of locating a shoreline boundary,
 2-5     subject to movement [erosion] landward of that line.  A coastal
 2-6     boundary survey conducted under this section may not be filed until
 2-7     the commissioner gives notice of approval under Subsection (c).
 2-8           (b)  The survey must contain the following statement:
 2-9     "NOTICE:  This survey was performed in accordance with Section
2-10     33.136, Natural Resources Code, for the purpose of evidencing the
2-11     location of the shoreline in the area depicted in this survey as
2-12     that shoreline existed before commencement of erosion response
2-13     activity [on the public beach], as required by Chapter 33, Natural
2-14     Resources Code.  The line depicted on this survey fixes the
2-15     shoreline for the purpose of locating a shoreline boundary, subject
2-16     to movement [erosion] landward as provided by Section 33.136,
2-17     Natural Resources Code."
2-18           (c)  Within 30 days after the date the commissioner approves
2-19     a coastal boundary survey [fixing the location of the shoreline]
2-20     under this section, the commissioner shall provide notice of that
2-21     approval [the commissioner's action] 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 depicted in the survey is located; and
2-26                 (3)  filing a copy of the approval [commissioner's
 3-1     decision] in the archives and records division of the land office.
 3-2           (d)  A person who claims title to permanent school fund land
 3-3     as a result of accretion, reliction, or avulsion in the coastal
 3-4     zone on or after September 1, 1999, [on the public beach in an area
 3-5     where the shoreline was or may have been changed by an action
 3-6     relating to erosion response] must, in order to prevail in the
 3-7     claim, prove that:
 3-8                 (1)  a change in the shoreline has occurred;
 3-9                 (2)  the change did not occur as a result of the
3-10     claimant's actions, the action of any predecessor in title, the
3-11     action of any grantee, assignee, licensee, or person authorized by
3-12     the claimant to use the claimant's land, or an erosion response
3-13     activity; and
3-14                 (3)  the claimant is entitled to benefit from the
3-15     change.
3-16           (e)  An upland owner who, because of erosion response
3-17     activity undertaken by the commissioner, ceases to hold title to
3-18     land that extends to the shoreline as altered by the erosion
3-19     response activity is entitled to continue to exercise all littoral
3-20     rights possessed by that owner before the date the erosion response
3-21     activity commenced, including rights of ingress, egress, boating,
3-22     bathing, and fishing.
3-23           SECTION 3.  Subdivision (10), Section 33.203, Natural
3-24     Resources Code, is amended to read as follows:
3-25                 (10)  "Critical erosion area" has the meaning assigned
3-26     to the term "critical coastal erosion area" [means an area
 4-1     designated] by [the land commissioner under] Section 33.601(4)
 4-2     [33.601(b)].
 4-3           SECTION 4.  Subchapter H, Chapter 33, Natural Resources Code,
 4-4     is amended to read as follows:
 4-5                       SUBCHAPTER H.  COASTAL EROSION
 4-6           Sec. 33.601.  DEFINITIONS.  In this subchapter:
 4-7                 (1)  "Account" means the coastal erosion response
 4-8     account established under Section 33.604.
 4-9                 (2)  "Beach nourishment" means the placement of
4-10     beach-quality sediment on an eroded beach to restore it as a
4-11     recreational beach, provide storm protection for upland property,
4-12     maintain a restored beach by the replacement of sand, or serve
4-13     other similar beneficial purposes.
4-14                 (3)  "Coastal erosion" means the loss of land, marshes,
4-15     wetlands, beaches, or other coastal features within the coastal
4-16     zone because of the actions of wind, waves, tides, storm surges,
4-17     subsidence, or other forces.
4-18                 (4)  "Critical coastal erosion area" means a coastal
4-19     area that is experiencing historical erosion, according to the most
4-20     recently published data of the Bureau of Economic Geology of The
4-21     University of Texas at Austin, that the commissioner finds to be a
4-22     threat to:
4-23                       (A)  public health, safety, or welfare;
4-24                       (B)  public beach use or access;
4-25                       (C)  general recreation;
4-26                       (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, groin, or
5-13     similar structure that is the functional equivalent of one of those
5-14     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
 6-1     education, homeowners' association, or other public or private
 6-2     entity that enters into an agreement with the land office to
 6-3     finance, study, design, install, or maintain an erosion response
 6-4     project.
 6-5                 (12)  "Shared project cost" means a project cost
 6-6     identified by the commissioner and established in a project
 6-7     cooperation agreement that will be shared with a qualified project
 6-8     partner.
 6-9           Sec. 33.602.  COASTAL EROSION DUTIES AND AUTHORITY.  (a)  The
6-10     land office shall implement a program [act as the lead agency for
6-11     the coordination] of coastal erosion avoidance, remediation, and
6-12     planning.  The commissioner shall ensure that erosion avoidance,
6-13     remediation, and planning protect the common law rights of the
6-14     public in public beaches as affirmed by Subchapter B, Chapter 61
6-15     [of this code].
6-16           (b)  The commissioner shall publish and periodically update a
6-17     coastal erosion response plan.  The commissioner shall develop the
6-18     plan[,] in coordination with state and federal agencies and local
6-19     governments and provide for public input on the plan.  The plan
6-20     must[, promulgate rules, recommendations, standards, and guidelines
6-21     for erosion avoidance and remediation and for prioritizing critical
6-22     coastal erosion areas.  The commissioner shall] identify critical
6-23     coastal erosion areas and prioritize coastal erosion response
6-24     studies and projects so that:
6-25                 (1)  benefits are balanced throughout the coast;
6-26                 (2)  federal and local financial participation is
 7-1     maximized;
 7-2                 (3)  studies and projects are scheduled to achieve
 7-3     efficiencies and economies of scale; and
 7-4                 (4)  the severity of erosion effects in each area is
 7-5     taken into account [establish recommendations, standards, and
 7-6     guidelines for coastal erosion avoidance and remediation in those
 7-7     areas].
 7-8           (c)  The commissioner may adopt rules necessary to implement
 7-9     this subchapter.
7-10           Sec. 33.603 [33.602].  COASTAL EROSION STUDIES AND PROJECTS.
7-11     (a)  The land office shall undertake coastal [engage in] erosion
7-12     studies, demonstration projects, and response projects if the land
7-13     office receives legislative appropriations or other funding for
7-14     that purpose.  If reasonable and appropriate, the land office shall
7-15     work [studies] in conjunction with other state agencies, local
7-16     governments, [and] federal agencies, including the United States
7-17     Army Corps of Engineers, or other qualified project partners in
7-18     undertaking those studies and projects.
7-19           (b)  The studies and [Such] projects [and studies] shall
7-20     address:
7-21                 (1)  assessment of the feasibility, cost, and financing
7-22     of different methods of avoiding, slowing, or remedying coastal
7-23     erosion;
7-24                 (2)  beneficial[, including but not limited to the
7-25     following:]
7-26                 [(1) selective] placement [and stockpiling] of
 8-1     [beach-quality] dredged material where appropriate to replenish
 8-2     eroded public beach, bay shore, marsh [bay], and dune areas;
 8-3                 (3)  public beach, bay shore, and marsh nourishment or
 8-4     restoration projects using sediments other than material from
 8-5     navigational or other dredging projects;
 8-6                 (4) [(2)]  guidelines on grain size and toxicity level;
 8-7                 (5)  the economic, natural resource, and other benefits
 8-8     of coastal erosion projects;
 8-9                 (6) [(3)  establishment of beach nourishment projects
8-10     as a method of flood control;]
8-11                 [(4)  promoting] the protection, revegetation, and
8-12     restoration of dunes;
8-13                 (7) [(5)]  the planting of vegetation as a means of
8-14     inhibiting bay shore [bayshore] erosion and projects developing and
8-15     cultivating disease-resistant vegetation adapted to local
8-16     conditions;
8-17                 (8) [(6)  decreasing the current deficiency in the sand
8-18     budget;]
8-19                 [(7)]  the construction or retrofitting [feasibility]
8-20     of [constructing new] dams, jetties, groins, and other impoundment
8-21     structures with sediment bypassing systems;
8-22                 [(8)  the feasibility of retrofitting existing
8-23     impoundment structures to allow sediment bypassing;]
8-24                 (9)  estimating the quantity and quality of sediment
8-25     trapped by reservoirs, navigation channels, and placement areas and
8-26     identification of other [the] sediment sources;
 9-1                 (10)  hard structures on bay shorelines, [decreasing
 9-2     and eliminating human-induced subsidence by means including, but
 9-3     not limited to, evaluating the consequences of limiting groundwater
 9-4     withdrawals and maintaining adequate pressure in hydrocarbon
 9-5     reservoirs, consistent with proper petroleum reservoir engineering
 9-6     principles and applicable regulatory requirements; and]
 9-7                 [(11)]  giving preference to [and encouraging] "soft"
 9-8     methods of avoiding, slowing, or remedying erosion in lieu of
 9-9     erecting hard or rigid shorefront structures;
9-10                 (11)  storm damage mitigation, post-storm damage
9-11     assessment, and debris removal from public beaches; and
9-12                 (12)  other studies or projects the commissioner
9-13     considers necessary or appropriate to implement this subchapter.
9-14           (c)  An agreement between the commissioner and a qualified
9-15     project partner to undertake a coastal erosion response study or
9-16     project:
9-17                 (1)  must require the qualified project partner to pay
9-18     at least 25 percent of the shared project cost:
9-19                       (A)  before completion of the project; or
9-20                       (B)  following completion of the project, in
9-21     accordance with a schedule provided by the agreement; and
9-22                 (2)  may contain other terms governing the study or
9-23     project.
9-24           (d)  This chapter does not authorize the construction or
9-25     funding of a hard structure on or landward of a public beach.
9-26           Sec. 33.604.  COASTAL EROSION RESPONSE ACCOUNT.  (a)  The
 10-1    coastal erosion response account is an account in the general
 10-2    revenue fund that may be appropriated only to the commissioner and
 10-3    used only for the purpose of implementing this subchapter.
 10-4          (b)  The account consists of:
 10-5                (1)  all money appropriated for the purposes of this
 10-6    subchapter;
 10-7                (2)  grants to this state from the United States for
 10-8    the purposes of this subchapter; and
 10-9                (3)  all money received by this state from the sale of
10-10    dredged material.
10-11          Sec. 33.605.  USES OF ACCOUNT.  (a)  Money in the account may
10-12    be used for any action authorized by this subchapter.
10-13          (b)  The commissioner must approve an expenditure from the
10-14    account.  In determining whether to approve an expenditure for a
10-15    study or project, the commissioner shall consider:
10-16                (1)  the amount of money in the account;
10-17                (2)  the feasibility and cost-effectiveness of the
10-18    study or project;
10-19                (3)  the locations of other existing or proposed
10-20    erosion response projects;
10-21                (4)  the needs in other critical coastal erosion areas;
10-22                (5)  the effect of the study or project on public or
10-23    private property; and
10-24                (6)  if the site to be studied or project to be
10-25    conducted will be located within the jurisdiction of a local
10-26    government subject to Chapter 61 or 63, whether the local
 11-1    government is adequately administering those chapters.
 11-2          Sec. 33.606 [33.603].  GRANTS AND GIFTS.  The commissioner
 11-3    may apply for, request, solicit, contract for, receive, and accept
 11-4    gifts, grants, donations, and other assistance from any source to
 11-5    carry out the powers and duties provided by this subchapter.
 11-6          Sec. 33.607 [33.604].  COASTAL EROSION PUBLIC AWARENESS AND
 11-7    EDUCATION.  (a)  The land office shall be responsible for and shall
 11-8    coordinate with other agencies to increase public awareness through
 11-9    public education concerning:
11-10                (1)  the causes of erosion;
11-11                (2)  the consequences of erosion;
11-12                (3)  the importance of barrier islands, dunes, and bays
11-13    as a natural defense against storms and hurricanes; and
11-14                (4)  erosion avoidance techniques.
11-15          (b)  On an ongoing basis, the [The] commissioner, in
11-16    consultation [cooperation] with the Bureau of Economic Geology of
11-17    The University of Texas at Austin [Bureau of Economic Geology] and
11-18    coastal [local] county and municipal governments [for each coastal
11-19    county], shall monitor historical [jointly quantify the] erosion
11-20    rates at each location along the shore of the Gulf of Mexico.
11-21          (c)  The commissioner shall make historical erosion data
11-22    accessible, through the Internet and otherwise, to the public and
11-23    persons receiving the notice required under Section 61.025.
11-24          (d)  A local government subject to Chapter 61 or 63 is
11-25    encouraged to use historical erosion data to[,] prepare a plan for
11-26    reducing public expenditures for erosion and storm damage losses to
 12-1    public and private property, including public beaches, by
 12-2    establishing and implementing a building set-back line that will
 12-3    accommodate a [50-year] shoreline retreat.  The local government
 12-4    shall hold a public educational meeting on the plan before
 12-5    proposing to implement it through the plans, orders, or ordinances
 12-6    provided by Chapters 61 and 63[, and report back to the legislature
 12-7    with recommendations].
 12-8          Sec. 33.608.  REPORT TO LEGISLATURE.  Each biennium, the
 12-9    commissioner shall submit to the legislature a report listing:
12-10                (1)  each critical erosion area;
12-11                (2)  each proposed erosion response study or project;
12-12                (3)  an estimate of the cost of each proposed study or
12-13    project described by Subdivision (2);
12-14                (4)  each coastal erosion response study or project
12-15    funded under this subchapter during the preceding biennium;
12-16                (5)  the economic and natural resource benefits from
12-17    each coastal erosion response study or project described by
12-18    Subdivision (4);
12-19                (6)  the financial status of the account; and
12-20                (7)  an estimate of the cost of implementing this
12-21    subchapter during the succeeding biennium.
12-22          Sec. 33.609.  LANDOWNER CONSENT.  (a)  The commissioner may
12-23    not undertake a coastal erosion response project on:
12-24                (1)  permanent school fund land without first obtaining
12-25    the written consent of the school land board; or
12-26                (2)  private property, other than that encumbered by
 13-1    the common law rights of the public affirmed by Chapter 61, without
 13-2    first obtaining the written consent of the property owner.
 13-3          (b)  If the commissioner cannot determine the identity of or
 13-4    locate a property owner, consent is considered to have been given
 13-5    if:
 13-6                (1)  the commissioner publishes a notice of the project
 13-7    at least once a week for two consecutive weeks in the newspaper
 13-8    having the largest circulation in the county in which the project
 13-9    is located; and
13-10                (2)  the property owner does not object on or before
13-11    the 20th day after the last date notice is published under
13-12    Subdivision (1).
13-13          Sec. 33.610.  REMOVAL OF SUBMERGED LAND FROM APPRAISAL AND
13-14    TAX ROLLS.  (a)  If the commissioner determines that land has
13-15    become submerged by erosion or subsidence and as a result is
13-16    dedicated to the permanent school fund, the commissioner may notify
13-17    in writing the appraisal district that appraises the land for ad
13-18    valorem tax purposes and each taxing unit that imposes taxes on the
13-19    land.  The notice must include a legal description of the land.
13-20          (b)  On receipt of notice under Subsection (a):
13-21                (1)  the appraisal district shall remove the land from
13-22    the appraisal roll; and
13-23                (2)  each taxing unit shall remove the land from its
13-24    tax roll.
13-25          Sec. 33.611.  IMMUNITY.  (a)  This state, the commissioner,
13-26    and land office staff are immune from suit for damages and from
 14-1    liability for an act or omission related to:
 14-2                (1)  the approval, disapproval, funding, or performance
 14-3    of a coastal erosion response activity, including an erosion
 14-4    response study or project or a survey; or
 14-5                (2)  the failure of an erosion response project
 14-6    undertaken by the commissioner under this subchapter to fulfill its
 14-7    intended purpose.
 14-8          (b)  The immunity granted by this section does not apply to
 14-9    an act or omission that is intentional, wilfully or wantonly
14-10    negligent, or committed with conscious indifference or reckless
14-11    disregard for the safety of others.
14-12          Sec. 33.612.  JUDICIAL REVIEW.  (a)  Judicial review of
14-13    rights affected by an action of this state, the commissioner, or
14-14    land office staff under this subchapter is under the substantial
14-15    evidence rule.  In order to prevail, a person seeking review must
14-16    prove that the action complained of was arbitrary, capricious, or
14-17    otherwise not in accordance with law.
14-18          (b)  Venue for an action relating to this subchapter is in
14-19    Travis County.
14-20          SECTION 5.  Subsections (a) and (b), Section 40.151, Natural
14-21    Resources Code, are amended to read as follows:
14-22          (a)  The purpose of this subchapter is to provide immediately
14-23    available funds for response to all unauthorized discharges, for
14-24    cleanup of pollution from unauthorized discharges of oil, [and] for
14-25    payment of damages from unauthorized discharges of oil, and for
14-26    erosion response projects.
 15-1          (b)  The coastal protection fund is established in the state
 15-2    treasury to be used by the commissioner as a nonlapsing revolving
 15-3    fund only for carrying out the purposes of this chapter and of
 15-4    Subchapter H, Chapter 33.  To this fund shall be credited all fees,
 15-5    penalties, judgments, reimbursements, and charges provided for in
 15-6    this chapter and the fee revenues levied, collected, and credited
 15-7    pursuant to this chapter.  The fund shall not exceed $50 million.
 15-8          SECTION 6.  Subsection (a), Section 40.152, Natural Resources
 15-9    Code, is amended to read as follows:
15-10          (a)  Money in the fund may be disbursed for the following
15-11    purposes and no others:
15-12                (1)  administrative expenses, personnel and training
15-13    expenses, and equipment maintenance and operating costs related to
15-14    implementation and enforcement of this chapter;
15-15                (2)  response costs related to abatement and
15-16    containment of actual or threatened unauthorized discharges of oil
15-17    incidental to unauthorized discharges of hazardous substances;
15-18                (3)  response costs and damages related to actual or
15-19    threatened unauthorized discharges of oil;
15-20                (4)  assessment, restoration, rehabilitation, or
15-21    replacement of or mitigation of damage to natural resources damaged
15-22    by an unauthorized discharge of oil;
15-23                (5)  in an amount not to exceed $50,000 annually, the
15-24    small spill education program;
15-25                (6)  in an amount not to exceed $1,250,000 annually,
15-26    interagency contracts under Section 40.302 [of this code];
 16-1                (7)  the purchase of response equipment under Section
 16-2    40.105 [of this code] within two years of the effective date of
 16-3    this chapter, in an amount not to exceed $4 million; thereafter,
 16-4    for the purchase of equipment to replace equipment that is worn or
 16-5    obsolete;
 16-6                (8)  an inventory under Section 40.107 [of this code],
 16-7    to be completed by September 1, 1995, in an amount not to exceed $6
 16-8    million; [and]
 16-9                (9)  other costs and damages authorized by this
16-10    chapter; and
16-11                (10)  in an amount not to exceed the interest accruing
16-12    to the fund annually, erosion response projects under Subchapter H,
16-13    Chapter 33.
16-14          SECTION 7.  Section 40.153, Natural Resources Code, is
16-15    amended to read as follows:
16-16          Sec. 40.153.  REIMBURSEMENT OF FUND.  The commissioner shall
16-17    recover to the use of the fund, either from persons responsible for
16-18    the unauthorized discharge or otherwise liable or from the federal
16-19    fund, jointly and severally, all sums owed to or expended from the
16-20    fund.  This section does not apply to sums expended under Section
16-21    40.152(a)(10).
16-22          SECTION 8.  Section 40.161, Natural Resources Code, is
16-23    amended by adding Subsection (c) to read as follows:
16-24          (c)  This section does not apply to a sum expended under
16-25    Section 40.152(a)(10).
16-26          SECTION 9.  Subsection (a), Section 61.025, Natural Resources
 17-1    Code, is amended to read as follows:
 17-2          (a)  A person who sells or conveys an interest, other than a
 17-3    mineral, leasehold, or security interest, in real property located
 17-4    seaward of the Gulf Intracoastal Waterway to its southernmost point
 17-5    and then seaward of the longitudinal line also known as 97 degrees,
 17-6    12', 19" which runs southerly to the international boundary from
 17-7    the intersection of the centerline of the Gulf Intracoastal
 17-8    Waterway and the Brownsville Ship Channel must include in any
 17-9    executory contract for conveyance the following statement:
17-10          The real property described in this contract is located
17-11    seaward of the Gulf Intracoastal Waterway to its southernmost point
17-12    and then seaward of the longitudinal line also known as 97 degrees,
17-13    12', 19" which runs southerly to the international boundary from
17-14    the intersection of the centerline of the Gulf Intracoastal
17-15    Waterway and the Brownsville Ship Channel.  If the property is in
17-16    close proximity to a beach fronting the Gulf of Mexico, the
17-17    purchaser is hereby advised that the public has acquired a right of
17-18    use or easement to or over the area of any public beach by
17-19    prescription, dedication, or presumption, or has retained a right
17-20    by virtue of continuous right in the public since time immemorial,
17-21    as recognized in law and custom.
17-22          The extreme seaward boundary of natural vegetation that
17-23    spreads continuously inland customarily marks the landward boundary
17-24    of the public easement.  If there is no clearly marked natural
17-25    vegetation line, the landward boundary of the easement is as
17-26    provided by Sections 61.016 and 61.017, Natural Resources Code.
 18-1          State law prohibits any obstruction, barrier, restraint, or
 18-2    interference with the use of the public easement, including the
 18-3    placement of structures seaward of the landward boundary of the
 18-4    easement.  STRUCTURES ERECTED SEAWARD OF THE VEGETATION LINE (OR
 18-5    OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD OF THE
 18-6    VEGETATION LINE AS A RESULT OF NATURAL PROCESSES SUCH AS SHORELINE
 18-7    EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE
 18-8    THE STRUCTURES.
 18-9          The purchaser is hereby notified that the purchaser should:
18-10                (1)  determine the rate of shoreline erosion in the
18-11    vicinity of the real property; and
18-12                (2)  seek the advice of an attorney or other qualified
18-13    person before executing this contract or instrument of conveyance
18-14    as to the relevance of these statutes and facts to the value of the
18-15    property the purchaser is hereby purchasing or contracting to
18-16    purchase.
18-17          SECTION 10.  (a)  Except as provided by Section 11 of this
18-18    Act, this Act takes effect September 1, 1999.
18-19          (b)  Subsection (d), Section 33.136, Natural Resources Code,
18-20    as amended by this Act, applies only to a cause of action that
18-21    accrues on or after September 1, 1999.  A cause of action that
18-22    accrued before the effective date of this Act is covered by the law
18-23    as it existed immediately before that date, and that law is
18-24    continued in effect for that purpose.
18-25          (c)  Section 33.609, Natural Resources Code, as added by this
18-26    Act, applies only to erosion response activity undertaken on or
 19-1    after September 1, 1999.
 19-2          (d)  Section 33.611, Natural Resources Code, as added by this
 19-3    Act, applies only to a cause of action that accrues on or after
 19-4    September 1, 1999.  A cause of action that accrued before the
 19-5    effective date of this Act is covered by the law as it existed
 19-6    immediately before that date, and that law is continued in effect
 19-7    for that purpose.
 19-8          SECTION 11.  This Act takes effect only if a specific
 19-9    appropriation for the implementation of this Act is provided in
19-10    H.B. No. 1 (General Appropriations Act), Acts of the 76th
19-11    Legislature, Regular Session, 1999.  If no specific appropriation
19-12    is provided in H.B. No. 1, the General Appropriations Act, this Act
19-13    has no effect.
19-14          SECTION 12.  The importance of this legislation and the
19-15    crowded condition of the calendars in both houses create an
19-16    emergency and an imperative public necessity that the
19-17    constitutional rule requiring bills to be read on three several
19-18    days in each house be suspended, and this rule is hereby suspended.