79R17348 QS-F
By: Janek S.B. No. 740
Substitute the following for S.B. No. 740:
By: Harper-Brown C.S.S.B. No. 740
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain political subdivisions to
erect or maintain shore protection structures and the location of
the line of vegetation in relation to those structures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.017, Natural Resources Code, is
amended by adding Subsection (e) to read as follows:
(e) In an area of public beach where a shore protection
structure constructed as provided by Section 61.022(a)(6)
interrupts the natural line of vegetation for a distance of not more
than 4,500 feet, the line of vegetation is along the seaward side of
the shore protection structure for the distance marked by that
structure. A line of vegetation established under this subsection
is the landward boundary of the public beach and of the public
easement for all purposes. The state retains fee title to all
submerged land described by Section 11.012.
SECTION 2. Section 61.022, Natural Resources Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) The provisions of this subchapter do not prevent any of
the following governmental entities from erecting or maintaining
any groin, seawall, barrier, pass, channel, jetty, or other
structure as an aid to navigation, protection of the shore,
fishing, safety, or other lawful purpose authorized by the
constitution or laws of this state or the United States:
(1) an agency, department, institution, subdivision,
or instrumentality of the federal government;
(2) an agency, department, institution, or
instrumentality of this state;
(3) a county;
(4) a municipality; [or]
(5) a subdivision of this state, other than a county or
municipality, acting in partnership with the county or municipality
in which the structure is located; or
(6) a subdivision of this state, other than a county or
municipality, acting with the approval of the commissioner, if the
structure is a shore protection structure that:
(A) is designed to protect public
infrastructure, including a state highway or bridge;
(B) is located in an area of a natural inlet to
the Gulf of Mexico; and
(C) extends not more than 4,500 feet along the
shoreline.
(a-1) In granting approval of a shore protection structure
under Subsection (a)(6), the commissioner may specify requirements
for the design and location of the structure.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.