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Amend SB 1044 on third reading as follows:
(1) Between SECTIONS 1 and 2 of the bill (house committee
printing, page 2, between lines 6 and 7), insert the following
appropriately numbered SECTIONS and renumber subsequent SECTIONS
of the bill accordingly:
SECTION __. 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 __. 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 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 shall 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 shall 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 September 1, 2005.
(c) In accordance with land office rules, the owner shall
build bulkheads on the restored land to prevent further erosion of
the restored land.
(d) 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;
(4) require consideration of any adverse effects on
adjacent property owners; and
(5) establish penalties for the violation of this
section or rules adopted under this section.
(e) State money may not be used to restore land under this
section.
(2) In SECTION 2 of the bill, in added Subdivision (4),
Section 33.651, Natural Resource Code (house committee printing,
page 2, lines 22-26), strike Paragraphs (A) and (B) and substitute
the following:
(A) acquiring fee title to property or a right of
public access to a public beach;
(B) constructing or maintaining public roads,
parking, or other facilities in aid of public access to or use of a
public beach; or
(C) requiring a landowner, as prescribed by land
office rules, to restore land affected by coastal erosion to its
original boundaries.
(3) Immediately before the last SECTION of the bill, insert
the following appropriately numbered SECTION and renumber
subsequent SECTIONS of the bill accordingly:
SECTION __. Not later than December 1, 2005, 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.