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. This Act may be cited as the Joe Faggard Coastal
1-4 Erosion Planning and Response Act.
1-5 SECTION 2. Public beaches and bays are the economic backbone
1-6 of the cities and counties on the Texas Gulf Coast. Natural and
1-7 man-made forces are eroding those beaches and bay shores,
1-8 threatening the coastal tourism industry, parks and other public
1-9 lands and facilities, hotels, restaurants, businesses and other
1-10 commercial property, highways and other transportation
1-11 infrastructure, and fish and wildlife habitat, and destroying the
1-12 public's right to enjoy free public beaches guaranteed under the
1-13 Texas open beaches law, Chapter 61, Natural Resources Code. A
1-14 coastal erosion response program, partially funded by the hotel
1-15 occupancy tax, will preserve all of these vital assets and natural
1-16 resources and protect the economic future of the Texas Gulf Coast.
1-17 SECTION 3. Subsections (a) through (e), Section 33.136,
1-18 Natural Resources Code, are amended to read as follows:
1-19 (a) Notwithstanding any law to the contrary, a person may
1-20 not undertake[, on the public beach, as defined in Section
1-21 61.001(8), Texas Natural Resources Code,] an action on or
1-22 immediately landward of a public beach or submerged land, including
1-23 state mineral lands, relating to erosion response that will cause
1-24 or contribute to shoreline alteration before the person has
2-1 conducted and filed a coastal boundary survey in the same manner as
2-2 the survey of public land required by Chapter 21 and any applicable
2-3 rule of the commissioner and has obtained any required lease or
2-4 other instrument from the commissioner or board, as applicable. A
2-5 person is not required to obtain a lease or other instrument from
2-6 the commissioner or board if the action is confined to land owned
2-7 by a navigation district or municipality. On filing of the survey,
2-8 the shoreline depicted on the survey is a fixed line for the
2-9 purpose of locating a shoreline boundary, subject to movement
2-10 [erosion] landward of that line. A coastal boundary survey
2-11 conducted under this section may not be filed until the
2-12 commissioner gives notice of approval under Subsection (c).
2-13 (b) The survey must contain the following statement:
2-14 "NOTICE: This survey was performed in accordance with Section
2-15 33.136, Natural Resources Code, for the purpose of evidencing the
2-16 location of the shoreline in the area depicted in this survey as
2-17 that shoreline existed before commencement of erosion response
2-18 activity [on the public beach], as required by Chapter 33, Natural
2-19 Resources Code. The line depicted on this survey fixes the
2-20 shoreline for the purpose of locating a shoreline boundary, subject
2-21 to movement [erosion] landward as provided by Section 33.136,
2-22 Natural Resources Code."
2-23 (c) Within 30 days after the date the commissioner approves
2-24 a coastal boundary survey [fixing the location of the shoreline]
2-25 under this section, the commissioner shall provide notice of that
2-26 approval [the commissioner's action] by:
3-1 (1) publication in the Texas Register;
3-2 (2) publication for two consecutive weeks in a
3-3 newspaper of general circulation in the county or counties in which
3-4 the land depicted in the survey is located; and
3-5 (3) filing a copy of the approval [commissioner's
3-6 decision] in the archives and records division of the land office.
3-7 (d) A person who claims title to permanent school fund land
3-8 as a result of accretion, reliction, or avulsion in the coastal
3-9 zone on or after September 1, 1999, [on the public beach in an area
3-10 where the shoreline was or may have been changed by an action
3-11 relating to erosion response] must, in order to prevail in the
3-12 claim, prove that:
3-13 (1) a change in the shoreline has occurred;
3-14 (2) the change did not occur as a result of the
3-15 claimant's actions, the action of any predecessor in title, the
3-16 action of any grantee, assignee, licensee, or person authorized by
3-17 the claimant to use the claimant's land, or an erosion response
3-18 activity; and
3-19 (3) the claimant is entitled to benefit from the
3-20 change.
3-21 (e) An upland owner who, because of erosion response
3-22 activity undertaken by the commissioner, ceases to hold title to
3-23 land that extends to the shoreline as altered by the erosion
3-24 response activity is entitled to continue to exercise all littoral
3-25 rights possessed by that owner before the date the erosion response
3-26 activity commenced, including rights of ingress, egress, boating,
4-1 bathing, and fishing.
4-2 SECTION 4. Subdivision (10), Section 33.203, Natural
4-3 Resources Code, is amended to read as follows:
4-4 (10) "Critical erosion area" has the meaning assigned
4-5 to the term "critical coastal erosion area" [means an area
4-6 designated] by [the land commissioner under] Section 33.601(4)
4-7 [33.601(b)].
4-8 SECTION 5. Subchapter H, Chapter 33, Natural Resources Code,
4-9 is amended to read as follows:
4-10 SUBCHAPTER H. COASTAL EROSION
4-11 Sec. 33.601. DEFINITIONS. In this subchapter:
4-12 (1) "Account" means the coastal erosion response
4-13 account established under Section 33.604.
4-14 (2) "Beach nourishment" means the placement of
4-15 beach-quality sediment on an eroded beach to restore it as a
4-16 recreational beach, provide storm protection for upland property,
4-17 maintain a restored beach by the replacement of sand, or serve
4-18 other similar beneficial purposes.
4-19 (3) "Coastal erosion" means the loss of land, marshes,
4-20 wetlands, beaches, or other coastal features within the coastal
4-21 zone because of the actions of wind, waves, tides, storm surges,
4-22 subsidence, or other forces.
4-23 (4) "Critical coastal erosion area" means a coastal
4-24 area that is experiencing historical erosion, according to the most
4-25 recently published data of the Bureau of Economic Geology of The
4-26 University of Texas at Austin, that the commissioner finds to be a
5-1 threat to:
5-2 (A) public health, safety, or welfare;
5-3 (B) public beach use or access;
5-4 (C) general recreation;
5-5 (D) traffic safety;
5-6 (E) public property or infrastructure;
5-7 (F) private commercial or residential property;
5-8 (G) fish or wildlife habitat; or
5-9 (H) an area of regional or national importance.
5-10 (5) "Erosion response project" means an action
5-11 intended to address or mitigate coastal erosion, including beach
5-12 nourishment, sediment management, beneficial use of dredged
5-13 material, creation or enhancement of a dune, wetland, or marsh, and
5-14 construction of a breakwater, bulkhead, groin, jetty, or other
5-15 structure.
5-16 (6) "Hard structure" means an erosion response
5-17 structure such as a bulkhead, seawall, revetment, jetty, groin, or
5-18 similar structure that is the functional equivalent of one of those
5-19 structures.
5-20 (7) "Institution of higher education" has the meaning
5-21 assigned by Section 61.003, Education Code.
5-22 (8) "Local government" means a political subdivision
5-23 of this state.
5-24 (9) "Project cooperation agreement" means a contract
5-25 executed by the land office and a qualified project partner that
5-26 explicitly defines the terms under which a study or project will be
6-1 conducted.
6-2 (10) "Public beach" has the meaning assigned by
6-3 Section 61.013.
6-4 (11) "Qualified project partner" means a local
6-5 government, state or federal agency, institution of higher
6-6 education, homeowners' association, or other public or private
6-7 entity that enters into an agreement with the land office to
6-8 finance, study, design, install, or maintain an erosion response
6-9 project.
6-10 (12) "Shared project cost" means a project cost
6-11 identified by the commissioner and established in a project
6-12 cooperation agreement that will be shared with a qualified project
6-13 partner.
6-14 Sec. 33.602. COASTAL EROSION DUTIES AND AUTHORITY. (a) The
6-15 land office shall implement a program [act as the lead agency for
6-16 the coordination] of coastal erosion avoidance, remediation, and
6-17 planning. The commissioner shall ensure that erosion avoidance,
6-18 remediation, and planning protect the common law rights of the
6-19 public in public beaches as affirmed by Subchapter B, Chapter 61
6-20 [of this code].
6-21 (b) The commissioner shall publish and periodically update a
6-22 coastal erosion response plan. The commissioner shall develop the
6-23 plan[,] in coordination with state and federal agencies and local
6-24 governments and provide for public input on the plan. The plan
6-25 must[, promulgate rules, recommendations, standards, and guidelines
6-26 for erosion avoidance and remediation and for prioritizing critical
7-1 coastal erosion areas. The commissioner shall] identify critical
7-2 coastal erosion areas and prioritize coastal erosion response
7-3 studies and projects so that:
7-4 (1) benefits are balanced throughout the coast;
7-5 (2) federal and local financial participation is
7-6 maximized;
7-7 (3) studies and projects are scheduled to achieve
7-8 efficiencies and economies of scale; and
7-9 (4) the severity of erosion effects in each area is
7-10 taken into account [establish recommendations, standards, and
7-11 guidelines for coastal erosion avoidance and remediation in those
7-12 areas].
7-13 (c) The commissioner may adopt rules necessary to implement
7-14 this subchapter.
7-15 Sec. 33.603 [33.602]. COASTAL EROSION STUDIES AND PROJECTS.
7-16 (a) The land office shall undertake coastal [engage in] erosion
7-17 studies, demonstration projects, and response projects if the land
7-18 office receives legislative appropriations or other funding for
7-19 that purpose. If reasonable and appropriate, the land office shall
7-20 work [studies] in conjunction with other state agencies, local
7-21 governments, [and] federal agencies, including the United States
7-22 Army Corps of Engineers, or other qualified project partners in
7-23 undertaking those studies and projects.
7-24 (b) The studies and [Such] projects [and studies] shall
7-25 address:
7-26 (1) assessment of the feasibility, cost, and financing
8-1 of different methods of avoiding, slowing, or remedying coastal
8-2 erosion;
8-3 (2) beneficial[, including but not limited to the
8-4 following:]
8-5 [(1) selective] placement [and stockpiling] of
8-6 [beach-quality] dredged material where appropriate to replenish
8-7 eroded public beach, bay shore, marsh [bay], and dune areas;
8-8 (3) public beach, bay shore, and marsh nourishment or
8-9 restoration projects using sediments other than material from
8-10 navigational or other dredging projects;
8-11 (4) [(2)] guidelines on grain size and toxicity level;
8-12 (5) the economic, natural resource, and other benefits
8-13 of coastal erosion projects;
8-14 (6) [(3) establishment of beach nourishment projects
8-15 as a method of flood control;]
8-16 [(4) promoting] the protection, revegetation, and
8-17 restoration of dunes;
8-18 (7) [(5)] the planting of vegetation as a means of
8-19 inhibiting bay shore [bayshore] erosion and projects developing and
8-20 cultivating disease-resistant vegetation adapted to local
8-21 conditions;
8-22 (8) [(6) decreasing the current deficiency in the sand
8-23 budget;]
8-24 [(7)] the construction or retrofitting [feasibility]
8-25 of [constructing new] dams, jetties, groins, and other impoundment
8-26 structures with sediment bypassing systems;
9-1 [(8) the feasibility of retrofitting existing
9-2 impoundment structures to allow sediment bypassing;]
9-3 (9) estimating the quantity and quality of sediment
9-4 trapped by reservoirs, navigation channels, and placement areas and
9-5 identification of other [the] sediment sources;
9-6 (10) hard structures on bay shorelines, [decreasing
9-7 and eliminating human-induced subsidence by means including, but
9-8 not limited to, evaluating the consequences of limiting groundwater
9-9 withdrawals and maintaining adequate pressure in hydrocarbon
9-10 reservoirs, consistent with proper petroleum reservoir engineering
9-11 principles and applicable regulatory requirements; and]
9-12 [(11)] giving preference to [and encouraging] "soft"
9-13 methods of avoiding, slowing, or remedying erosion in lieu of
9-14 erecting hard or rigid shorefront structures;
9-15 (11) storm damage mitigation, post-storm damage
9-16 assessment, and debris removal from public beaches; and
9-17 (12) other studies or projects the commissioner
9-18 considers necessary or appropriate to implement this subchapter.
9-19 (c) An agreement between the commissioner and a qualified
9-20 project partner to undertake a coastal erosion response study or
9-21 project:
9-22 (1) must require the qualified project partner to pay
9-23 at least 25 percent of the shared project cost:
9-24 (A) before completion of the project; or
9-25 (B) following completion of the project, in
9-26 accordance with a schedule provided by the agreement; and
10-1 (2) may contain other terms governing the study or
10-2 project.
10-3 (d) This chapter does not authorize the construction or
10-4 funding of a hard structure on or landward of a public beach.
10-5 Sec. 33.604. COASTAL EROSION RESPONSE ACCOUNT. (a) The
10-6 coastal erosion response account is an account in the general
10-7 revenue fund that may be appropriated only to the commissioner and
10-8 used only for the purpose of implementing this subchapter.
10-9 (b) The account consists of:
10-10 (1) all money appropriated for the purposes of this
10-11 subchapter;
10-12 (2) grants to this state from the United States for
10-13 the purposes of this subchapter; and
10-14 (3) all money received by this state from the sale of
10-15 dredged material.
10-16 Sec. 33.605. USES OF ACCOUNT. (a) Money in the account may
10-17 be used for any action authorized by this subchapter.
10-18 (b) The commissioner must approve an expenditure from the
10-19 account. In determining whether to approve an expenditure for a
10-20 study or project, the commissioner shall consider:
10-21 (1) the amount of money in the account;
10-22 (2) the feasibility and cost-effectiveness of the
10-23 study or project;
10-24 (3) the locations of other existing or proposed
10-25 erosion response projects;
10-26 (4) the needs in other critical coastal erosion areas;
11-1 (5) the effect of the study or project on public or
11-2 private property; and
11-3 (6) if the site to be studied or project to be
11-4 conducted will be located within the jurisdiction of a local
11-5 government subject to Chapter 61 or 63, whether the local
11-6 government is adequately administering those chapters.
11-7 Sec. 33.606 [33.603]. GRANTS AND GIFTS. The commissioner
11-8 may apply for, request, solicit, contract for, receive, and accept
11-9 gifts, grants, donations, and other assistance from any source to
11-10 carry out the powers and duties provided by this subchapter.
11-11 Sec. 33.607 [33.604]. COASTAL EROSION PUBLIC AWARENESS AND
11-12 EDUCATION. (a) The land office shall be responsible for and shall
11-13 coordinate with other agencies to increase public awareness through
11-14 public education concerning:
11-15 (1) the causes of erosion;
11-16 (2) the consequences of erosion;
11-17 (3) the importance of barrier islands, dunes, and bays
11-18 as a natural defense against storms and hurricanes; and
11-19 (4) erosion avoidance techniques.
11-20 (b) On an ongoing basis, the [The] commissioner, in
11-21 consultation [cooperation] with the Bureau of Economic Geology of
11-22 The University of Texas at Austin [Bureau of Economic Geology] and
11-23 coastal [local] county and municipal governments [for each coastal
11-24 county], shall monitor historical [jointly quantify the] erosion
11-25 rates at each location along the shore of the Gulf of Mexico.
11-26 (c) The commissioner shall make historical erosion data
12-1 accessible, through the Internet and otherwise, to the public and
12-2 persons receiving the notice required under Section 61.025.
12-3 (d) The Bureau of Economic Geology of The University of
12-4 Texas at Austin shall make historical erosion data relating to a
12-5 critical coastal erosion area available to each state agency, local
12-6 government, or other person responsible for, or with jurisdiction
12-7 over, the area.
12-8 (e) A local government subject to Chapter 61 or 63 is
12-9 encouraged to use historical erosion data to[,] prepare a plan for
12-10 reducing public expenditures for erosion and storm damage losses to
12-11 public and private property, including public beaches, by
12-12 establishing and implementing a building set-back line that will
12-13 accommodate a [50-year] shoreline retreat. The local government
12-14 shall hold a public educational meeting on the plan before
12-15 proposing to implement it through the plans, orders, or ordinances
12-16 provided by Chapters 61 and 63[, and report back to the legislature
12-17 with recommendations].
12-18 Sec. 33.608. REPORT TO LEGISLATURE. Each biennium, the
12-19 commissioner shall submit to the legislature a report listing:
12-20 (1) each critical erosion area;
12-21 (2) each proposed erosion response study or project;
12-22 (3) an estimate of the cost of each proposed study or
12-23 project described by Subdivision (2);
12-24 (4) each coastal erosion response study or project
12-25 funded under this subchapter during the preceding biennium;
12-26 (5) the economic and natural resource benefits from
13-1 each coastal erosion response study or project described by
13-2 Subdivision (4);
13-3 (6) the financial status of the account; and
13-4 (7) an estimate of the cost of implementing this
13-5 subchapter during the succeeding biennium.
13-6 Sec. 33.609. LANDOWNER CONSENT. (a) The commissioner may
13-7 not undertake a coastal erosion response project on:
13-8 (1) permanent school fund land without first obtaining
13-9 the written consent of the school land board; or
13-10 (2) private property, other than that encumbered by
13-11 the common law rights of the public affirmed by Chapter 61, without
13-12 first obtaining the written consent of the property owner.
13-13 (b) If the commissioner cannot determine the identity of or
13-14 locate a property owner, consent is considered to have been given
13-15 if:
13-16 (1) the commissioner publishes a notice of the project
13-17 at least once a week for two consecutive weeks in the newspaper
13-18 having the largest circulation in the county in which the project
13-19 is located; and
13-20 (2) the property owner does not object on or before
13-21 the 20th day after the last date notice is published under
13-22 Subdivision (1).
13-23 Sec. 33.610. REMOVAL OF SUBMERGED LAND FROM APPRAISAL AND
13-24 TAX ROLLS. (a) If the commissioner determines that land has
13-25 become submerged by erosion or subsidence and as a result is
13-26 dedicated to the permanent school fund, the commissioner may notify
14-1 in writing the appraisal district that appraises the land for ad
14-2 valorem tax purposes and each taxing unit that imposes taxes on the
14-3 land. The notice must include a legal description of the land.
14-4 (b) On receipt of notice under Subsection (a):
14-5 (1) the appraisal district shall remove the land from
14-6 the appraisal roll; and
14-7 (2) each taxing unit shall remove the land from its
14-8 tax roll.
14-9 Sec. 33.611. IMMUNITY. (a) This state, the commissioner,
14-10 and land office staff are immune from suit for damages and from
14-11 liability for an act or omission related to:
14-12 (1) the approval, disapproval, funding, or performance
14-13 of a coastal erosion response activity, including an erosion
14-14 response study or project or a survey; or
14-15 (2) the failure of an erosion response project
14-16 undertaken by the commissioner under this subchapter to fulfill its
14-17 intended purpose.
14-18 (b) The immunity granted by this section does not apply to
14-19 an act or omission that is intentional, wilfully or wantonly
14-20 negligent, or committed with conscious indifference or reckless
14-21 disregard for the safety of others.
14-22 Sec. 33.612. JUDICIAL REVIEW. (a) Judicial review of
14-23 rights affected by an action of this state, the commissioner, or
14-24 land office staff under this subchapter is under the substantial
14-25 evidence rule. In order to prevail, a person seeking review must
14-26 prove that the action complained of was arbitrary, capricious, or
15-1 otherwise not in accordance with law.
15-2 (b) Venue for an action relating to this subchapter is in
15-3 Travis County.
15-4 SECTION 6. Subsections (a) and (b), Section 40.151, Natural
15-5 Resources Code, are amended to read as follows:
15-6 (a) The purpose of this subchapter is to provide immediately
15-7 available funds for response to all unauthorized discharges, for
15-8 cleanup of pollution from unauthorized discharges of oil, [and] for
15-9 payment of damages from unauthorized discharges of oil, and for
15-10 erosion response projects.
15-11 (b) The coastal protection fund is established in the state
15-12 treasury to be used by the commissioner as a nonlapsing revolving
15-13 fund only for carrying out the purposes of this chapter and of
15-14 Subchapter H, Chapter 33. To this fund shall be credited all fees,
15-15 penalties, judgments, reimbursements, and charges provided for in
15-16 this chapter and the fee revenues levied, collected, and credited
15-17 pursuant to this chapter. The fund shall not exceed $50 million.
15-18 SECTION 7. Subsection (a), Section 40.152, Natural Resources
15-19 Code, is amended to read as follows:
15-20 (a) Money in the fund may be disbursed for the following
15-21 purposes and no others:
15-22 (1) administrative expenses, personnel and training
15-23 expenses, and equipment maintenance and operating costs related to
15-24 implementation and enforcement of this chapter;
15-25 (2) response costs related to abatement and
15-26 containment of actual or threatened unauthorized discharges of oil
16-1 incidental to unauthorized discharges of hazardous substances;
16-2 (3) response costs and damages related to actual or
16-3 threatened unauthorized discharges of oil;
16-4 (4) assessment, restoration, rehabilitation, or
16-5 replacement of or mitigation of damage to natural resources damaged
16-6 by an unauthorized discharge of oil;
16-7 (5) in an amount not to exceed $50,000 annually, the
16-8 small spill education program;
16-9 (6) in an amount not to exceed $1,250,000 annually,
16-10 interagency contracts under Section 40.302 [of this code];
16-11 (7) the purchase of response equipment under Section
16-12 40.105 [of this code] within two years of the effective date of
16-13 this chapter, in an amount not to exceed $4 million; thereafter,
16-14 for the purchase of equipment to replace equipment that is worn or
16-15 obsolete;
16-16 (8) an inventory under Section 40.107 [of this code],
16-17 to be completed by September 1, 1995, in an amount not to exceed $6
16-18 million; [and]
16-19 (9) other costs and damages authorized by this
16-20 chapter; and
16-21 (10) in an amount not to exceed the interest accruing
16-22 to the fund annually, erosion response projects under Subchapter H,
16-23 Chapter 33.
16-24 SECTION 8. Section 40.153, Natural Resources Code, is
16-25 amended to read as follows:
16-26 Sec. 40.153. REIMBURSEMENT OF FUND. The commissioner shall
17-1 recover to the use of the fund, either from persons responsible for
17-2 the unauthorized discharge or otherwise liable or from the federal
17-3 fund, jointly and severally, all sums owed to or expended from the
17-4 fund. This section does not apply to sums expended under Section
17-5 40.152(a)(10).
17-6 SECTION 9. Section 40.161, Natural Resources Code, is
17-7 amended by adding Subsection (c) to read as follows:
17-8 (c) This section does not apply to a sum expended under
17-9 Section 40.152(a)(10).
17-10 SECTION 10. Subsection (a), Section 61.025, Natural
17-11 Resources Code, is amended to read as follows:
17-12 (a) A person who sells or conveys an interest, other than a
17-13 mineral, leasehold, or security interest, in real property located
17-14 seaward of the Gulf Intracoastal Waterway to its southernmost point
17-15 and then seaward of the longitudinal line also known as 97 degrees,
17-16 12', 19" which runs southerly to the international boundary from
17-17 the intersection of the centerline of the Gulf Intracoastal
17-18 Waterway and the Brownsville Ship Channel must include in any
17-19 executory contract for conveyance the following statement:
17-20 The real property described in this contract is located
17-21 seaward of the Gulf Intracoastal Waterway to its southernmost point
17-22 and then seaward of the longitudinal line also known as 97 degrees,
17-23 12', 19" which runs southerly to the international boundary from
17-24 the intersection of the centerline of the Gulf Intracoastal
17-25 Waterway and the Brownsville Ship Channel. If the property is in
17-26 close proximity to a beach fronting the Gulf of Mexico, the
18-1 purchaser is hereby advised that the public has acquired a right of
18-2 use or easement to or over the area of any public beach by
18-3 prescription, dedication, or presumption, or has retained a right
18-4 by virtue of continuous right in the public since time immemorial,
18-5 as recognized in law and custom.
18-6 The extreme seaward boundary of natural vegetation that
18-7 spreads continuously inland customarily marks the landward boundary
18-8 of the public easement. If there is no clearly marked natural
18-9 vegetation line, the landward boundary of the easement is as
18-10 provided by Sections 61.016 and 61.017, Natural Resources Code.
18-11 State law prohibits any obstruction, barrier, restraint, or
18-12 interference with the use of the public easement, including the
18-13 placement of structures seaward of the landward boundary of the
18-14 easement. STRUCTURES ERECTED SEAWARD OF THE VEGETATION LINE (OR
18-15 OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD OF THE
18-16 VEGETATION LINE AS A RESULT OF NATURAL PROCESSES SUCH AS SHORELINE
18-17 EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE
18-18 THE STRUCTURES.
18-19 The purchaser is hereby notified that the purchaser should:
18-20 (1) determine the rate of shoreline erosion in the
18-21 vicinity of the real property; and
18-22 (2) seek the advice of an attorney or other qualified
18-23 person before executing this contract or instrument of conveyance
18-24 as to the relevance of these statutes and facts to the value of the
18-25 property the purchaser is hereby purchasing or contracting to
18-26 purchase.
19-1 SECTION 11. (a) Except as provided by Section 12 of this
19-2 Act, this Act takes effect September 1, 1999.
19-3 (b) Subsection (d), Section 33.136, Natural Resources Code,
19-4 as amended by this Act, applies only to a cause of action that
19-5 accrues on or after September 1, 1999. A cause of action that
19-6 accrued before the effective date of this Act is covered by the law
19-7 as it existed immediately before that date, and that law is
19-8 continued in effect for that purpose.
19-9 (c) Section 33.609, Natural Resources Code, as added by this
19-10 Act, applies only to erosion response activity undertaken on or
19-11 after September 1, 1999.
19-12 (d) Section 33.611, Natural Resources Code, as added by this
19-13 Act, applies only to a cause of action that accrues on or after
19-14 September 1, 1999. A cause of action that accrued before the
19-15 effective date of this Act is covered by the law as it existed
19-16 immediately before that date, and that law is continued in effect
19-17 for that purpose.
19-18 SECTION 12. This Act takes effect only if a specific
19-19 appropriation for the implementation of this Act is provided in
19-20 H.B. No. 1 (General Appropriations Act), Acts of the 76th
19-21 Legislature, Regular Session, 1999. If no specific appropriation
19-22 is provided in H.B. No. 1, the General Appropriations Act, this Act
19-23 has no effect.
19-24 SECTION 13. The importance of this legislation and the
19-25 crowded condition of the calendars in both houses create an
19-26 emergency and an imperative public necessity that the
20-1 constitutional rule requiring bills to be read on three several
20-2 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. 1690 passed the Senate on
April 28, 1999, by a viva-voce vote; and that the Senate concurred
in House amendments on May 18, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1690 passed the House, with
amendments, on May 12, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor