By Gray                                               H.B. No. 2454
         77R8944 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to access to public beaches, providing an enforcement
 1-3     policy.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 61.011(c) Natural Resources Code is
 1-6     amended as follows:
 1-7           (c)  The attorney general shall strictly and vigorously
 1-8     enforce the prohibition against encroachments on and interferences
 1-9     with the public beach easement.  No later than September 1, 2002,
1-10     t[T]he attorney general shall develop and publish in the Texas
1-11     Register [publicize] an enforcement policy to prevent and remove
1-12     any encroachments and interferences on the sovereign soil or in the
1-13     public beach easement.  The policy shall include provisions
1-14     relating to existing residential structures that, due to natural
1-15     processes, have become situated wholly or partially on sovereign
1-16     soil or in the public beach easement, and specify the circumstances
1-17     and conditions under which such structures may be repaired or
1-18     occupied.  The policy shall affirm the public right of free and
1-19     unrestricted access to sovereign soil and the public beach
1-20     easement.  The property owner shall be required to execute an
1-21     acknowledgment of the existing location and condition of such
1-22     structure on the affected property in such terms and conditions as
1-23     the General Land Office and the Attorney General may require for
1-24     repair.  Prior to adoption of the policy, and not later than the
 2-1     30th day before the date on which the public comment period closes,
 2-2     the attorney general shall publish a notice of the opportunity to
 2-3     comment on the proposed policy in newspapers of general circulation
 2-4     within the coastal area as defined by Section 33.004(5), Natural
 2-5     Resources Code and in the Texas Register.  The attorney general
 2-6     shall also conduct at least two public hearing within the coastal
 2-7     area as defined by Section 33.004(5), Natural Resources Code.  The
 2-8     land office shall [may] assist the attorney general in developing
 2-9     the policy and enforcing this subchapter.
2-10           SECTION 2.  EFFECTIVE DATE. This Act takes effect September
2-11     1, 2001.