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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.