By Seaman H.B. No. 3039
77R6704 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the restoration by the landowner of private property
1-3 affected by coastal erosion.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 33.605(a), Natural Resources Code, is
1-6 amended to read as follows:
1-7 (a) Money in the account may be used for any action
1-8 authorized by this subchapter, except for a restoration project
1-9 authorized by Section 33.613.
1-10 SECTION 2. Subchapter H, Chapter 33, Natural Resources
1-11 Code, is amended by adding Section 33.613 to read as follows:
1-12 Sec. 33.613. PROPERTY RIGHTS: RESTORATION BY BEACHFRONT
1-13 OWNER OF PRIVATE PROPERTY AFFECTED BY COASTAL EROSION. (a) This
1-14 section applies only to land that:
1-15 (1) on December 31, 1955, was privately owned and not
1-16 submerged or owned by the School Land Board; and
1-17 (2) fronts on a bay and not the Gulf of Mexico.
1-18 (b) In accordance with land office rules, the owner of
1-19 property immediately landward of a public beach or submerged land,
1-20 including state mineral lands, that has been affected by coastal
1-21 erosion may restore the affected land to its original boundaries as
1-22 evidenced in a residential subdivision plat for residential lots of
1-23 one acre or less filed in the real property records of each county
1-24 in which the affected land is located. The owner may use only
2-1 private resources and money for restoration authorized by this
2-2 section. After restoration the owner owns the restored land in fee
2-3 simple, subject to:
2-4 (1) the common law rights of the public in public
2-5 beaches as affirmed by Subchapter B, Chapter 61; and
2-6 (2) the rights of a public school land lessee holding
2-7 a lease on the property on the date this section takes effect.
2-8 (c) In accordance with land office rules, the owner may
2-9 build bulkheads on the restored land to prevent further erosion of
2-10 that land.
2-11 (d) A chief of an appraisal district shall include on the
2-12 applicable tax rolls, in the year after restoration, land restored
2-13 under this section and any bulkhead built on the restored land.
2-14 (e) The land office shall adopt reasonable rules to govern
2-15 the restoration of land under this section, including rules that:
2-16 (1) prescribe the type and quality of materials that
2-17 may be used to backfill or build a bulkhead;
2-18 (2) require maintenance of backfill and bulkheads;
2-19 (3) authorize land office maintenance or removal of
2-20 abandoned or dilapidated structures; and
2-21 (4) establish penalties for the violation of this
2-22 section or rules adopted under this section.
2-23 (f) State money may not be used to restore land under this
2-24 section.
2-25 SECTION 3. (a) This Act takes effect September 1, 2001.
2-26 (b) Not later than December 1, 2001, the General Land Office
2-27 shall adopt rules for the administration and regulation of the
3-1 restoration of land affected by coastal erosion as authorized by
3-2 Section 33.613, Natural Resources Code, as added by this Act.