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.