1-1 By: Bernsen, et al. S.B. No. 1690
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 23, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 23, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1690 By: Lucio
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to coastal erosion.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Public beaches and bays are the economic backbone
1-13 of the cities and counties on the Texas Gulf Coast. Natural and
1-14 man-made forces are eroding those beaches and bay shores,
1-15 threatening the coastal tourism industry, parks and other public
1-16 lands and facilities, hotels, restaurants, businesses and other
1-17 commercial property, highways and other transportation
1-18 infrastructure, and fish and wildlife habitat, and destroying the
1-19 public's right to enjoy free public beaches guaranteed under the
1-20 Texas open beaches law, Chapter 61, Natural Resources Code. A
1-21 coastal erosion response program, partially funded by the hotel
1-22 occupancy tax, will preserve all of these vital assets and natural
1-23 resources and protect the economic future of the Texas Gulf Coast.
1-24 SECTION 2. Subsections (a) through (e), Section 33.136,
1-25 Natural Resources Code, are amended to read as follows:
1-26 (a) Notwithstanding any law to the contrary, a person may
1-27 not undertake[, on the public beach, as defined in Section
1-28 61.001(8), Texas Natural Resources Code,] an action on or
1-29 immediately landward of a public beach or submerged land, including
1-30 state mineral lands, relating to erosion response that will cause
1-31 or contribute to shoreline alteration before the person has
1-32 conducted and filed a coastal boundary survey in the same manner as
1-33 the survey of public land required by Chapter 21 and any applicable
1-34 rule of the commissioner and has obtained any required lease or
1-35 other instrument from the commissioner or board, as applicable. On
1-36 filing of the survey, the shoreline depicted on the survey is a
1-37 fixed line for the purpose of locating a shoreline boundary,
1-38 subject to movement [erosion] landward of that line. A coastal
1-39 boundary survey conducted under this section may not be filed until
1-40 the commissioner gives notice of approval under Subsection (c).
1-41 (b) The survey must contain the following statement:
1-42 "NOTICE: This survey was performed in accordance with Section
1-43 33.136, Natural Resources Code, for the purpose of evidencing the
1-44 location of the shoreline in the area depicted in this survey as
1-45 that shoreline existed before commencement of erosion response
1-46 activity [on the public beach], as required by Chapter 33, Natural
1-47 Resources Code. The line depicted on this survey fixes the
1-48 shoreline for the purpose of locating a shoreline boundary, subject
1-49 to movement [erosion] landward as provided by Section 33.136,
1-50 Natural Resources Code."
1-51 (c) Within 30 days after the date the commissioner approves
1-52 a coastal boundary survey [fixing the location of the shoreline]
1-53 under this section, the commissioner shall provide notice of that
1-54 approval [the commissioner's action] by:
1-55 (1) publication in the Texas Register;
1-56 (2) publication for two consecutive weeks in a
1-57 newspaper of general circulation in the county or counties in which
1-58 the land depicted in the survey is located; and
1-59 (3) filing a copy of the approval [commissioner's
1-60 decision] in the archives and records division of the land office.
1-61 (d) A person who claims title to permanent school fund land
1-62 as a result of accretion, reliction, or avulsion in the coastal
1-63 zone on or after September 1, 1999, [on the public beach in an area
1-64 where the shoreline was or may have been changed by an action
2-1 relating to erosion response] must, in order to prevail in the
2-2 claim, prove that:
2-3 (1) a change in the shoreline has occurred;
2-4 (2) the change did not occur as a result of the
2-5 claimant's actions, the action of any predecessor in title, the
2-6 action of any grantee, assignee, licensee, or person authorized by
2-7 the claimant to use the claimant's land, or an erosion response
2-8 activity; and
2-9 (3) the claimant is entitled to benefit from the
2-10 change.
2-11 (e) An upland owner who, because of erosion response
2-12 activity undertaken by the commissioner, ceases to hold title to
2-13 land that extends to the shoreline as altered by the erosion
2-14 response activity is entitled to continue to exercise all littoral
2-15 rights possessed by that owner before the date the erosion response
2-16 activity commenced, including rights of ingress, egress, boating,
2-17 bathing, and fishing.
2-18 SECTION 3. Subdivision (10), Section 33.203, Natural
2-19 Resources Code, is amended to read as follows:
2-20 (10) "Critical erosion area" has the meaning assigned
2-21 to the term "critical coastal erosion area" [means an area
2-22 designated] by [the land commissioner under] Section 33.601(4)
2-23 [33.601(b)].
2-24 SECTION 4. Subchapter H, Chapter 33, Natural Resources Code,
2-25 is amended to read as follows:
2-26 SUBCHAPTER H. COASTAL EROSION
2-27 Sec. 33.601. DEFINITIONS. In this subchapter:
2-28 (1) "Account" means the coastal erosion response
2-29 account established under Section 33.604.
2-30 (2) "Beach nourishment" means the placement of
2-31 beach-quality sediment on an eroded beach to restore it as a
2-32 recreational beach, provide storm protection for upland property,
2-33 maintain a restored beach by the replacement of sand, or serve
2-34 other similar beneficial purposes.
2-35 (3) "Coastal erosion" means the loss of land, marshes,
2-36 wetlands, beaches, or other coastal features within the coastal
2-37 zone because of the actions of wind, waves, tides, storm surges,
2-38 subsidence, or other forces.
2-39 (4) "Critical coastal erosion area" means a coastal
2-40 area that is experiencing historical erosion, according to the most
2-41 recently published data of the Bureau of Economic Geology of The
2-42 University of Texas at Austin, that the commissioner finds to be a
2-43 threat to:
2-44 (A) public health, safety, or welfare;
2-45 (B) public beach use or access;
2-46 (C) general recreation;
2-47 (D) traffic safety;
2-48 (E) public property or infrastructure;
2-49 (F) private commercial or residential property;
2-50 (G) fish or wildlife habitat; or
2-51 (H) an area of regional or national importance.
2-52 (5) "Erosion response project" means an action
2-53 intended to address or mitigate coastal erosion, including beach
2-54 nourishment, sediment management, beneficial use of dredged
2-55 material, creation or enhancement of a dune, wetland, or marsh, and
2-56 construction of a breakwater, bulkhead, groin, jetty, or other
2-57 structure.
2-58 (6) "Hard structure" means an erosion response
2-59 structure such as a bulkhead, seawall, revetment, jetty, groin, or
2-60 similar structure that is the functional equivalent of one of those
2-61 structures.
2-62 (7) "Institution of higher education" has the meaning
2-63 assigned by Section 61.003, Education Code.
2-64 (8) "Local government" means a political subdivision
2-65 of this state.
2-66 (9) "Project cooperation agreement" means a contract
2-67 executed by the land office and a qualified project partner that
2-68 explicitly defines the terms under which a study or project will be
2-69 conducted.
3-1 (10) "Public beach" has the meaning assigned by
3-2 Section 61.013.
3-3 (11) "Qualified project partner" means a local
3-4 government, state or federal agency, institution of higher
3-5 education, homeowners' association, or other public or private
3-6 entity that enters into an agreement with the land office to
3-7 finance, study, design, install, or maintain an erosion response
3-8 project.
3-9 (12) "Shared project cost" means a project cost
3-10 identified by the commissioner and established in a project
3-11 cooperation agreement that will be shared with a qualified project
3-12 partner.
3-13 Sec. 33.602. COASTAL EROSION DUTIES AND AUTHORITY. (a) The
3-14 land office shall implement a program [act as the lead agency for
3-15 the coordination] of coastal erosion avoidance, remediation, and
3-16 planning. The commissioner shall ensure that erosion avoidance,
3-17 remediation, and planning protect the common law rights of the
3-18 public in public beaches as affirmed by Subchapter B, Chapter 61
3-19 [of this code].
3-20 (b) The commissioner shall publish and periodically update a
3-21 coastal erosion response plan. The commissioner shall develop the
3-22 plan[,] in coordination with state and federal agencies and local
3-23 governments and provide for public input on the plan. The plan
3-24 must[, promulgate rules, recommendations, standards, and guidelines
3-25 for erosion avoidance and remediation and for prioritizing critical
3-26 coastal erosion areas. The commissioner shall] identify critical
3-27 coastal erosion areas and prioritize coastal erosion response
3-28 studies and projects so that:
3-29 (1) benefits are balanced throughout the coast;
3-30 (2) federal and local financial participation is
3-31 maximized;
3-32 (3) studies and projects are scheduled to achieve
3-33 efficiencies and economies of scale; and
3-34 (4) the severity of erosion effects in each area is
3-35 taken into account [establish recommendations, standards, and
3-36 guidelines for coastal erosion avoidance and remediation in those
3-37 areas].
3-38 (c) The commissioner may adopt rules necessary to implement
3-39 this subchapter.
3-40 Sec. 33.603 [33.602]. COASTAL EROSION STUDIES AND PROJECTS.
3-41 (a) The land office shall undertake coastal [engage in] erosion
3-42 studies, demonstration projects, and response projects if the land
3-43 office receives legislative appropriations or other funding for
3-44 that purpose. If reasonable and appropriate, the land office shall
3-45 work [studies] in conjunction with other state agencies, local
3-46 governments, [and] federal agencies, including the United States
3-47 Army Corps of Engineers, or other qualified project partners in
3-48 undertaking those studies and projects.
3-49 (b) The studies and [Such] projects [and studies] shall
3-50 address:
3-51 (1) assessment of the feasibility, cost, and financing
3-52 of different methods of avoiding, slowing, or remedying coastal
3-53 erosion;
3-54 (2) beneficial[, including but not limited to the
3-55 following:]
3-56 [(1) selective] placement [and stockpiling] of
3-57 [beach-quality] dredged material where appropriate to replenish
3-58 eroded public beach, bay shore, marsh [bay], and dune areas;
3-59 (3) public beach, bay shore, and marsh nourishment or
3-60 restoration projects using sediments other than material from
3-61 navigational or other dredging projects;
3-62 (4) [(2)] guidelines on grain size and toxicity level;
3-63 (5) the economic, natural resource, and other benefits
3-64 of coastal erosion projects;
3-65 (6) [(3) establishment of beach nourishment projects
3-66 as a method of flood control;]
3-67 [(4) promoting] the protection, revegetation, and
3-68 restoration of dunes;
3-69 (7) [(5)] the planting of vegetation as a means of
4-1 inhibiting bay shore [bayshore] erosion and projects developing and
4-2 cultivating disease-resistant vegetation adapted to local
4-3 conditions;
4-4 (8) [(6) decreasing the current deficiency in the sand
4-5 budget;]
4-6 [(7)] the construction or retrofitting [feasibility]
4-7 of [constructing new] dams, jetties, groins, and other impoundment
4-8 structures with sediment bypassing systems;
4-9 [(8) the feasibility of retrofitting existing
4-10 impoundment structures to allow sediment bypassing;]
4-11 (9) estimating the quantity and quality of sediment
4-12 trapped by reservoirs, navigation channels, and placement areas and
4-13 identification of other [the] sediment sources;
4-14 (10) hard structures on bay shorelines, [decreasing
4-15 and eliminating human-induced subsidence by means including, but
4-16 not limited to, evaluating the consequences of limiting groundwater
4-17 withdrawals and maintaining adequate pressure in hydrocarbon
4-18 reservoirs, consistent with proper petroleum reservoir engineering
4-19 principles and applicable regulatory requirements; and]
4-20 [(11)] giving preference to [and encouraging] "soft"
4-21 methods of avoiding, slowing, or remedying erosion in lieu of
4-22 erecting hard or rigid shorefront structures;
4-23 (11) storm damage mitigation, post-storm damage
4-24 assessment, and debris removal from public beaches; and
4-25 (12) other studies or projects the commissioner
4-26 considers necessary or appropriate to implement this subchapter.
4-27 (c) An agreement between the commissioner and a qualified
4-28 project partner to undertake a coastal erosion response study or
4-29 project:
4-30 (1) must require the qualified project partner to pay
4-31 at least 25 percent of the shared project cost:
4-32 (A) before completion of the project; or
4-33 (B) following completion of the project, in
4-34 accordance with a schedule provided by the agreement; and
4-35 (2) may contain other terms governing the study or
4-36 project.
4-37 (d) This chapter does not authorize the construction or
4-38 funding of a hard structure on or landward of a public beach.
4-39 Sec. 33.604. COASTAL EROSION RESPONSE ACCOUNT. (a) The
4-40 coastal erosion response account is an account in the general
4-41 revenue fund that may be appropriated only to the commissioner and
4-42 used only for the purpose of implementing this subchapter.
4-43 (b) The account consists of:
4-44 (1) all money appropriated for the purposes of this
4-45 subchapter;
4-46 (2) grants to this state from the United States for
4-47 the purposes of this subchapter; and
4-48 (3) all money received by this state from the sale of
4-49 dredged material.
4-50 Sec. 33.605. USES OF ACCOUNT. (a) Money in the account may
4-51 be used for any action authorized by this subchapter.
4-52 (b) The commissioner must approve an expenditure from the
4-53 account. In determining whether to approve an expenditure for a
4-54 study or project, the commissioner shall consider:
4-55 (1) the amount of money in the account;
4-56 (2) the feasibility and cost-effectiveness of the
4-57 study or project;
4-58 (3) the locations of other existing or proposed
4-59 erosion response projects;
4-60 (4) the needs in other critical coastal erosion areas;
4-61 (5) the effect of the study or project on public or
4-62 private property; and
4-63 (6) if the site to be studied or project to be
4-64 conducted will be located within the jurisdiction of a local
4-65 government subject to Chapter 61 or 63, whether the local
4-66 government is adequately administering those chapters.
4-67 Sec. 33.606 [33.603]. GRANTS AND GIFTS. The commissioner
4-68 may apply for, request, solicit, contract for, receive, and accept
4-69 gifts, grants, donations, and other assistance from any source to
5-1 carry out the powers and duties provided by this subchapter.
5-2 Sec. 33.607 [33.604]. COASTAL EROSION PUBLIC AWARENESS AND
5-3 EDUCATION. (a) The land office shall be responsible for and shall
5-4 coordinate with other agencies to increase public awareness through
5-5 public education concerning:
5-6 (1) the causes of erosion;
5-7 (2) the consequences of erosion;
5-8 (3) the importance of barrier islands, dunes, and bays
5-9 as a natural defense against storms and hurricanes; and
5-10 (4) erosion avoidance techniques.
5-11 (b) On an ongoing basis, the [The] commissioner, in
5-12 consultation [cooperation] with the Bureau of Economic Geology of
5-13 The University of Texas at Austin [Bureau of Economic Geology] and
5-14 coastal [local] county and municipal governments [for each coastal
5-15 county], shall monitor historical [jointly quantify the] erosion
5-16 rates at each location along the shore of the Gulf of Mexico.
5-17 (c) The commissioner shall make historical erosion data
5-18 accessible, through the Internet and otherwise, to the public and
5-19 persons receiving the notice required under Section 61.025.
5-20 (d) A local government subject to Chapter 61 or 63 is
5-21 encouraged to use historical erosion data to[,] prepare a plan for
5-22 reducing public expenditures for erosion and storm damage losses to
5-23 public and private property, including public beaches, by
5-24 establishing and implementing a building set-back line that will
5-25 accommodate a [50-year] shoreline retreat. The local government
5-26 shall hold a public educational meeting on the plan before
5-27 proposing to implement it through the plans, orders, or ordinances
5-28 provided by Chapters 61 and 63[, and report back to the legislature
5-29 with recommendations].
5-30 Sec. 33.608. REPORT TO LEGISLATURE. Each biennium, the
5-31 commissioner shall submit to the legislature a report listing:
5-32 (1) each critical erosion area;
5-33 (2) each proposed erosion response study or project;
5-34 (3) an estimate of the cost of each proposed study or
5-35 project described by Subdivision (2);
5-36 (4) each coastal erosion response study or project
5-37 funded under this subchapter during the preceding biennium;
5-38 (5) the economic and natural resource benefits from
5-39 each coastal erosion response study or project described by
5-40 Subdivision (4);
5-41 (6) the financial status of the account; and
5-42 (7) an estimate of the cost of implementing this
5-43 subchapter during the succeeding biennium.
5-44 Sec. 33.609. LANDOWNER CONSENT. (a) The commissioner may
5-45 not undertake a coastal erosion response project on:
5-46 (1) permanent school fund land without first obtaining
5-47 the written consent of the school land board; or
5-48 (2) private property, other than that encumbered by
5-49 the common law rights of the public affirmed by Chapter 61, without
5-50 first obtaining the written consent of the property owner.
5-51 (b) If the commissioner cannot determine the identity of or
5-52 locate a property owner, consent is considered to have been given
5-53 if:
5-54 (1) the commissioner publishes a notice of the project
5-55 at least once a week for two consecutive weeks in the newspaper
5-56 having the largest circulation in the county in which the project
5-57 is located; and
5-58 (2) the property owner does not object on or before
5-59 the 20th day after the last date notice is published under
5-60 Subdivision (1).
5-61 Sec. 33.610. REMOVAL OF SUBMERGED LAND FROM APPRAISAL AND
5-62 TAX ROLLS. (a) If the commissioner determines that land has
5-63 become submerged by erosion or subsidence and as a result is
5-64 dedicated to the permanent school fund, the commissioner may notify
5-65 in writing the appraisal district that appraises the land for ad
5-66 valorem tax purposes and each taxing unit that imposes taxes on the
5-67 land. The notice must include a legal description of the land.
5-68 (b) On receipt of notice under Subsection (a):
5-69 (1) the appraisal district shall remove the land from
6-1 the appraisal roll; and
6-2 (2) each taxing unit shall remove the land from its
6-3 tax roll.
6-4 Sec. 33.611. IMMUNITY. (a) This state, the commissioner,
6-5 and land office staff are immune from suit for damages and from
6-6 liability for an act or omission related to:
6-7 (1) the approval, disapproval, funding, or performance
6-8 of a coastal erosion response activity, including an erosion
6-9 response study or project or a survey; or
6-10 (2) the failure of an erosion response project
6-11 undertaken by the commissioner under this subchapter to fulfill its
6-12 intended purpose.
6-13 (b) The immunity granted by this section does not apply to
6-14 an act or omission that is intentional, wilfully or wantonly
6-15 negligent, or committed with conscious indifference or reckless
6-16 disregard for the safety of others.
6-17 Sec. 33.612. JUDICIAL REVIEW. (a) Judicial review of
6-18 rights affected by an action of this state, the commissioner, or
6-19 land office staff under this subchapter is under the substantial
6-20 evidence rule. In order to prevail, a person seeking review must
6-21 prove that the action complained of was arbitrary, capricious, or
6-22 otherwise not in accordance with law.
6-23 (b) Venue for an action relating to this subchapter is in
6-24 Travis County.
6-25 SECTION 5. Subsections (a) and (b), Section 40.151, Natural
6-26 Resources Code, are amended to read as follows:
6-27 (a) The purpose of this subchapter is to provide immediately
6-28 available funds for response to all unauthorized discharges, for
6-29 cleanup of pollution from unauthorized discharges of oil, [and] for
6-30 payment of damages from unauthorized discharges of oil, and for
6-31 erosion response projects.
6-32 (b) The coastal protection fund is established in the state
6-33 treasury to be used by the commissioner as a nonlapsing revolving
6-34 fund only for carrying out the purposes of this chapter and of
6-35 Subchapter H, Chapter 33. To this fund shall be credited all fees,
6-36 penalties, judgments, reimbursements, and charges provided for in
6-37 this chapter and the fee revenues levied, collected, and credited
6-38 pursuant to this chapter. The fund shall not exceed $50 million.
6-39 SECTION 6. Subsection (a), Section 40.152, Natural Resources
6-40 Code, is amended to read as follows:
6-41 (a) Money in the fund may be disbursed for the following
6-42 purposes and no others:
6-43 (1) administrative expenses, personnel and training
6-44 expenses, and equipment maintenance and operating costs related to
6-45 implementation and enforcement of this chapter;
6-46 (2) response costs related to abatement and
6-47 containment of actual or threatened unauthorized discharges of oil
6-48 incidental to unauthorized discharges of hazardous substances;
6-49 (3) response costs and damages related to actual or
6-50 threatened unauthorized discharges of oil;
6-51 (4) assessment, restoration, rehabilitation, or
6-52 replacement of or mitigation of damage to natural resources damaged
6-53 by an unauthorized discharge of oil;
6-54 (5) in an amount not to exceed $50,000 annually, the
6-55 small spill education program;
6-56 (6) in an amount not to exceed $1,250,000 annually,
6-57 interagency contracts under Section 40.302 [of this code];
6-58 (7) the purchase of response equipment under Section
6-59 40.105 [of this code] within two years of the effective date of
6-60 this chapter, in an amount not to exceed $4 million; thereafter,
6-61 for the purchase of equipment to replace equipment that is worn or
6-62 obsolete;
6-63 (8) an inventory under Section 40.107 [of this code],
6-64 to be completed by September 1, 1995, in an amount not to exceed $6
6-65 million; [and]
6-66 (9) other costs and damages authorized by this
6-67 chapter; and
6-68 (10) in an amount not to exceed the interest accruing
6-69 to the fund annually, erosion response projects under Subchapter H,
7-1 Chapter 33.
7-2 SECTION 7. Section 40.153, Natural Resources Code, is
7-3 amended to read as follows:
7-4 Sec. 40.153. REIMBURSEMENT OF FUND. The commissioner shall
7-5 recover to the use of the fund, either from persons responsible for
7-6 the unauthorized discharge or otherwise liable or from the federal
7-7 fund, jointly and severally, all sums owed to or expended from the
7-8 fund. This section does not apply to sums expended under Section
7-9 40.152(a)(10).
7-10 SECTION 8. Section 40.161, Natural Resources Code, is
7-11 amended by adding Subsection (c) to read as follows:
7-12 (c) This section does not apply to a sum expended under
7-13 Section 40.152(a)(10).
7-14 SECTION 9. Subsection (a), Section 61.025, Natural Resources
7-15 Code, is amended to read as follows:
7-16 (a) A person who sells or conveys an interest, other than a
7-17 mineral, leasehold, or security interest, in real property located
7-18 seaward of the Gulf Intracoastal Waterway to its southernmost point
7-19 and then seaward of the longitudinal line also known as 97 degrees,
7-20 12', 19" which runs southerly to the international boundary from
7-21 the intersection of the centerline of the Gulf Intracoastal
7-22 Waterway and the Brownsville Ship Channel must include in any
7-23 executory contract for conveyance the following statement:
7-24 The real property described in this contract is located
7-25 seaward of the Gulf Intracoastal Waterway to its southernmost point
7-26 and then seaward of the longitudinal line also known as 97 degrees,
7-27 12', 19" which runs southerly to the international boundary from
7-28 the intersection of the centerline of the Gulf Intracoastal
7-29 Waterway and the Brownsville Ship Channel. If the property is in
7-30 close proximity to a beach fronting the Gulf of Mexico, the
7-31 purchaser is hereby advised that the public has acquired a right of
7-32 use or easement to or over the area of any public beach by
7-33 prescription, dedication, or presumption, or has retained a right
7-34 by virtue of continuous right in the public since time immemorial,
7-35 as recognized in law and custom.
7-36 The extreme seaward boundary of natural vegetation that
7-37 spreads continuously inland customarily marks the landward boundary
7-38 of the public easement. If there is no clearly marked natural
7-39 vegetation line, the landward boundary of the easement is as
7-40 provided by Sections 61.016 and 61.017, Natural Resources Code.
7-41 State law prohibits any obstruction, barrier, restraint, or
7-42 interference with the use of the public easement, including the
7-43 placement of structures seaward of the landward boundary of the
7-44 easement. STRUCTURES ERECTED SEAWARD OF THE VEGETATION LINE (OR
7-45 OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD OF THE
7-46 VEGETATION LINE AS A RESULT OF NATURAL PROCESSES SUCH AS SHORELINE
7-47 EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE
7-48 THE STRUCTURES.
7-49 The purchaser is hereby notified that the purchaser should:
7-50 (1) determine the rate of shoreline erosion in the
7-51 vicinity of the real property; and
7-52 (2) seek the advice of an attorney or other qualified
7-53 person before executing this contract or instrument of conveyance
7-54 as to the relevance of these statutes and facts to the value of the
7-55 property the purchaser is hereby purchasing or contracting to
7-56 purchase.
7-57 SECTION 10. (a) This Act takes effect September 1, 1999.
7-58 (b) Subsection (d), Section 33.136, Natural Resources Code,
7-59 as amended by this Act, applies only to a cause of action that
7-60 accrues on or after September 1, 1999. A cause of action that
7-61 accrued before the effective date of this Act is covered by the law
7-62 as it existed immediately before that date, and that law is
7-63 continued in effect for that purpose.
7-64 (c) Section 33.609, Natural Resources Code, as added by this
7-65 Act, applies only to erosion response activity undertaken on or
7-66 after September 1, 1999.
7-67 (d) Section 33.611, Natural Resources Code, as added by this
7-68 Act, applies only to a cause of action that accrues on or after
7-69 September 1, 1999. A cause of action that accrued before the
8-1 effective date of this Act is covered by the law as it existed
8-2 immediately before that date, and that law is continued in effect
8-3 for that purpose.
8-4 SECTION 11. The importance of this legislation and the
8-5 crowded condition of the calendars in both houses create an
8-6 emergency and an imperative public necessity that the
8-7 constitutional rule requiring bills to be read on three several
8-8 days in each house be suspended, and this rule is hereby suspended.
8-9 * * * * *