SRC-TAG C.S.S.B. 554 78(R) BILL ANALYSIS
Senate Research CenterC.S.S.B. 554
78R13157 SMH-FBy: Janek
Natural Resources
5/8/2003
Committee Report (Substituted)
DIGEST AND PURPOSE
Current Texas law does not enforce a temporary prohibition to public
beaches following a meteorological event. However, some coastal
stakeholders 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. C.S.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. 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. 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 any
improvement, obstruction, barrier, or other encroachment 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 an improvement, obstruction, barrier, or other encroachment from a
public beach while the improvement, obstruction, barrier, or other
encroachment 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 an improvement, obstruction, barrier, or other
encroachment, regardless of an 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.
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: September 1, 2003.
(b) Provides that Section 61.085, Natural Resources Code, as added by
this Act, applies to a meteorological event that occurs before, on, or
after the effective date of this Act.