SRC-TAG H.B. 1457 78(R) BILL ANALYSIS
Senate Research Center H.B. 1457
By: Eiland (Janek)
Natural Resources
5/19/2003
Engrossed
DIGEST AND PURPOSE
According to some coastal stakeholders a temporary moratorium on enforcing
the Open Beaches Acts would allow the vegetation to recover and beachfront
owners to repair structures following a storm. H.B. 1457 amends the Open
Beaches Act to allow the commissioner of the General Land Office to
establish a moratorium of two years for referral of structures to remove
a dwelling or other improvement from beach subject to public access based
on the best available information concerning the establishment of a stable
beach vegetation line following a tropical storm or hurricane. The bill
also sets forth other provisions regarding the enforcement of laws
governing dune protection and access to public beaches.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 61.011, Natural Resources Code, by amending
Subsections (c) and (d) and adding Subsection (f), as follows:
(c) Requires the commissioner of the General Land Office (commissioner),
rather than the attorney general, to strictly and vigorously enforce the
prohibition against encroachments on and interferences with the public
beach easement. Deletes text requiring the attorney general to enforce
policies against encroachment and interferences on public beach. Deletes
text authorizing the land officer to assist the attorney general in
enforcing this subchapter.
(d) Requires the commissioner to promulgate rules, consistent with the
policies established in this section, on certain matters. Makes
conforming changes.
(f) Provides that Chapter 2007 (Governmental Action Affecting Private
Property Rights), Government Code, does not apply to rules adopted under
Subsection (d)(7).
SECTION 2. Amends Sections 61.015(b)-(d), Natural Resources Code, as
follows:
(b) Deletes text requiring the local governments to submit to the
attorney general for comment and review beach access and use plans. Makes
a conforming change.
(c) Deletes text requiring the local government to forward a development
plan to the attorney general. Deletes text authorizing the attorney
general to submit comments on the proposed construction to the local
government. Makes a conforming change.
(d) Makes a conforming change.
SECTION 3. Amends Sections 61.018(a) and (d), Natural Resources Code, as
follows:
(a) Requires any county attorney, district attorney, or criminal district
attorney, or the attorney general, at the request of the commissioner, to
file in a district court of Travis County, or in the county in which the
property is located, a suit to obtain either a temporary or permanent
court order or injunction, either prohibitory or mandatory, to remove or
prevent any improvement, maintenance, obstruction, barrier, or other
encroachment on a public beach, or to prohibit any unlawful restraint on
the public's right to access to and use of public beach or other activity
that violates this chapter.
(d) Authorizes any county attorney or the attorney general at the request
of the commissioner to bring suit for a declaratory judgment to try any
issue affecting the public's right of access to or use of the public
beach.
SECTION 4. Amends Subchapter B, Chapter 61, Natural Resources Code, by
adding Section 61.0185, as follows:
Sec. 61.0185. TEMPORARY SUSPENSION OF SUBMISSION OF REQUESTS THAT
ATTORNEY GENERAL FILE SUIT. (a) Authorizes the commissioner by order to
suspend for a period of two years from the date the order is issued the
submission of a request that the attorney general file a suit under
Section 61.018(a) (Enforcement) to obtain a temporary or permanent court
order or injunction, either prohibitory or mandatory, to remove a dwelling
or other improvement from public beach if the commissioner determines that
it fails to meet certain requirements.
(b) Requires the commissioner to notify the attorney general and each
pertinent county attorney, district attorney, or criminal district
attorney of the issuance of an order under this section.
(c) Prohibits a county attorney, district attorney, or criminal district
attorney from filing suit under Section 61.018(a) to obtain a temporary or
permanent court order or injunction, either prohibitory or mandatory, to
remove a dwelling or other improvement from a public beach while the
dwelling or other improvement is subject to an order issued under this
section.
(d) Authorizes the local government to take certain actions, while an
order issued under this section is in effect.
(e) Provides that the issuance of an order under this section is purely
within the discretion of the commissioner. Provides that this does not
create a duty on the part of the commissioner to issue an order related to
all or part of a dwelling or other improvement, regardless of a
determination made, or a private cause of action for issuance of an order
under this section or failure to issue an order under this section.
(f) Provides that Chapter 2007 (Government Action Affecting Private
Property Rights), Government Code, does not apply to an order issued under
this section.
(g) Provides that this section does not apply to a dwelling or other
improvement that the commissioner determines to be more than 50 percent
destroyed as a result of a meteorological event.
SECTION 5. Amends Section 61.022(c), Natural Resources Code , to make
conforming changes.
SECTION 6. Amends Section 61.026(b), Natural Resources Code, to make a
conforming change.
SECTION 7. Amends Section 63.054(c), Natural Resources Code, to make
conforming changes.
SECTION 8. Amends Section 63.181(a), Natural Resources Code, to make
conforming changes.
SECTION 9. Repealer: Section 61.011(e), Natural Resources Code (regarding
policy and rules).
SECTION 10. (a) Effective date: upon passage or September 1, 2003.
(b) Provides that Section 61.085, Natural Resources Code, as added by
this Act, applies to a meteorological event that occurs on, or after the
effective date of this Act.