SRC-TAG S.B. 554 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 554
78R5174 SMH-FBy: Janek
Natural Resources
5/3/2003
As Filed


DIGEST AND PURPOSE 

Current Texas law does not enforce a temporary prohibition to  public
beaches following meteorological event.  However, some coastal stakeholder
have recommended that a moratorium on enforcing the Open Beaches Acts
should be established to allow more time for the vegetation to recover and
provide  beachfront owners with greater certainty following a storm.  As
proposed, S.B. 554 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 for enforcement based on the best available
information concerning the establishment of a stable beach vegetation line
following a tropical storm or hurricane with the option of extending the
moratorium for another two years if the beach and line of vegetation have
shown signs of recovery.  

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 Chapter 61B, Natural Resources Code, by adding  Section
61.0185, as follows: 
 
Sec.  61.0185.  TEMPORARY PROHIBITION ON ENFORCEMENT.  (a)  Provides that
the Commissioner of the General Land Office (commissioner)  by order may
prohibit for a period of two years from the date the order is issued the
filing of a suit under Section 61.018 (Enforcement) by the attorney
general or any county attorney, district attorney, or criminal district
attorney to remove any improvement, obstruction, barrier, or other
encroachment from public beach if the commissioner determines that it
fails to meet certain requirements.   

(b)  Authorizes the commissioner by order to extend for a period that does
not exceed two additional years a prohibition on filing suit issued under
Subsection (a) if on the expiration of the initial two-year period the
commissioner determines that the public beach and line of vegetation have
shown signs of recovery from the hurricane or tropical storm but have not
yet fully recovered. 

(c)  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. 

(d)  Prohibits the owner of a structure located on the public beach from
making any improvements or repairs to the structure or the land on which
it is located other than repairs necessary to make the structure
habitable, during the period a prohibition on filing suit to remove an
encroachment from a public beach is in effect.  

SECTION 2.  Effective date: September 1, 2003.