By Armbrister                                         S.B. No. 1279
         77R869 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)  In
1-14     accordance with land office rules, the owner of property
1-15     immediately landward of a public beach or submerged land, including
1-16     state mineral lands, that has been affected by coastal erosion may
1-17     restore the affected land to its original boundaries as evidenced
1-18     in a residential subdivision plat for residential lots of one acre
1-19     or less filed before January 1, 1955, in the real property records
1-20     of each county in which the affected land is located.  The owner
1-21     may use only private resources and money for restoration authorized
1-22     by this section.  After restoration the owner owns the restored
1-23     land in fee simple,  subject to the common law rights of the public
1-24     in public beaches as affirmed by Subchapter B, Chapter 61.
 2-1           (b)  In accordance with land office rules, the owner may
 2-2     build bulkheads on the restored land to prevent further erosion of
 2-3     that land.
 2-4           (c)  A chief of an appraisal district shall include land
 2-5     restored under this section on the applicable tax rolls.
 2-6           (d)  The land office shall adopt reasonable rules to govern
 2-7     the restoration of land under this section, including reasonable
 2-8     penalties for the violation of this section or rules adopted under
 2-9     this section.
2-10           SECTION 3.   (a)  This Act takes effect September 1, 2001.
2-11           (b)  Not later than December 1, 2001, the General Land Office
2-12     shall adopt rules for the administration and regulation of the
2-13     restoration of land affected by coastal erosion as authorized by
2-14     Section 33.613, Natural Resources Code, as added by this Act.