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.
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