78R1551 MI-D

By:  Seaman                                                       H.B. No. 394



A BILL TO BE ENTITLED

AN ACT

relating to the restoration by the landowner of private property 
affected by coastal erosion.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 33.605(a), Natural Resources Code, is 
amended to read as follows:
	(a)  Money in the account may be used for any action 
authorized by this subchapter, except for a restoration project 
authorized by Section 33.613.
	SECTION 2.  Subchapter H, Chapter 33, Natural Resources 
Code, is amended by adding Section 33.613 to read as follows:
	Sec. 33.613.  PROPERTY RIGHTS:  RESTORATION BY BEACHFRONT 
OWNER OF PRIVATE PROPERTY AFFECTED BY COASTAL EROSION. (a)  This 
section applies only to land that:
		(1)  on December 31, 1955, was privately owned and not 
submerged or owned by the School Land Board; and
		(2)  fronts on a bay and not the Gulf of Mexico.                       
	(b)  In accordance with land office rules, the owner of 
property immediately landward of a public beach or submerged land, 
including state mineral lands, that has been affected by coastal 
erosion may restore the affected land to its original boundaries as 
evidenced in a residential subdivision plat for residential lots of 
one acre or less filed in the real property records of each county 
in which the affected land is located.  The owner may use only 
private resources and money for restoration authorized by this 
section.  After restoration the owner owns the restored land in fee 
simple, subject to:
		(1)  the common law rights of the public in public 
beaches as affirmed by Subchapter B, Chapter 61; and
		(2)  the rights of a public school land lessee holding a 
lease on the property on the date this section takes effect.
	(c)  In accordance with land office rules, the owner may 
build bulkheads on the restored land to prevent further erosion of 
the restored land.
	(d)  A chief of an appraisal district shall include on the 
applicable tax rolls, in the year after restoration, land restored 
under this section and any bulkhead built on the restored land.
	(e)  The land office shall adopt reasonable rules to govern 
the restoration of land under this section, including rules that:
		(1)  prescribe the type and quality of materials that 
may be used to backfill or build a bulkhead;
		(2)  require maintenance of backfill and bulkheads;                    
		(3)  authorize land office maintenance or removal of 
abandoned or dilapidated structures; and
		(4)  establish penalties for the violation of this 
section or rules adopted under this section.
	(f)  State money may not be used to restore land under this 
section.  
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  Not later than December 1, 2003, the General Land Office 
shall adopt rules for the administration and regulation of the 
restoration of land affected by coastal erosion as authorized by 
Section 33.613, Natural Resources Code, as added by this Act.