By Truan                                              S.B. No. 1803
         77R10499 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to ceding certain state land to counties and
 1-3     municipalities for use for purposes of a seawall, breakwater,
 1-4     levee, floodway, or drainway.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 421.005, Local Government Code, is amended
 1-7     to read as follows:
 1-8           Sec. 421.005.  CESSION OF USE AND CONTROL OF STATE LAND. (a)
 1-9     The state cedes to a county or municipality that uses this
1-10     subchapter the right to the use and control of as much of the land
1-11     and sea bottom below high tide that the commissioners court or
1-12     municipal authority considers necessary for the public purposes
1-13     prescribed by this subchapter.
1-14           (b)  Notwithstanding the language used in any instrument
1-15     between the state and a county or municipality granting the county
1-16     or municipality the right to the use and control of the land and
1-17     sea bottom as provided by Subsection (a), the county or
1-18     municipality is granted the right as a perpetual easement.  If the
1-19     county or municipality fails to use the land as described by
1-20     Subsection (a), the easement is extinguished.
1-21           (c)  Unless specifically provided otherwise in the instrument
1-22     between the state and a county or municipality under this section,
1-23     the state may not charge a fee for the use and control of the land
1-24     and sea bottom as provided by Subsection (a).
 2-1           SECTION 2.  This Act takes effect immediately if it receives
 2-2     a vote of two-thirds of all the members elected to each house, as
 2-3     provided by Section 39, Article III, Texas Constitution.  If this
 2-4     Act does not receive the vote necessary for immediate effect, this
 2-5     Act takes effect September 1, 2001.