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.