78R5174 SMH-F
By: Eiland H.B. No. 1457
A BILL TO BE ENTITLED
AN ACT
relating to the authorization of the imposition of a temporary
prohibition on enforcement of the law governing access to public
beaches following a meteorological event.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 61, Natural Resources
Code, is amended by adding Section 61.0185 to read as follows:
Sec. 61.0185. TEMPORARY PROHIBITION ON ENFORCEMENT. (a)
The 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 by the attorney general or any county attorney, district
attorney, or criminal district attorney to remove any improvement,
obstruction, barrier, or other encroachment from a public beach if
the commissioner determines that:
(1) the line of vegetation establishing the boundary
of the public beach has moved as a result of a meteorological event;
(2) the improvement, obstruction, barrier, or other
encroachment was located landward of the line of vegetation before
the meteorological event; and
(3) the line of vegetation has not stabilized.
(b) The commissioner by order may extend for a period not to
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) The commissioner shall 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) During the period a prohibition on filing suit to remove
an encroachment from a public beach is in effect, the owner of a
structure located on the public beach may not make any improvements
or repairs to the structure or the land on which it is located other
than repairs necessary to make the structure habitable.
SECTION 2. This Act takes effect September 1, 2003.