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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of an owner of adjacent land to restore |
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certain state land that has been affected by coastal erosion and |
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purchase the restored land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 33.613(b), (c), and (d), Natural |
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Resources Code, are amended to read as follows: |
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(b) In accordance with land office rules, the owner of |
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property immediately landward of a public beach or submerged land, |
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including state mineral lands, that has been affected by coastal |
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erosion may [shall] restore the affected land to its original |
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boundaries as evidenced in a residential subdivision plat for |
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residential lots of one acre or less filed in the real property |
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records of each county in which the affected land is located. The |
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owner shall use only private resources and money for restoration |
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authorized by this section. After restoration the owner has a |
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preference right to purchase the restored land before the land is |
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made available for sale to any other person. An owner who exercises |
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a preference right under this section may purchase the restored |
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land for the market value of the land before the restoration. If |
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the owner purchases the restored land, the owner owns the |
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[restored] land in fee simple, subject to: |
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(1) the common law rights of the public in public |
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beaches as affirmed by Subchapter B, Chapter 61; and |
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(2) the rights of a public school land lessee holding a |
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lease on the property on September 1, 2007 [2005]. |
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(c) In accordance with land office rules, the owner may |
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[shall] build bulkheads on the restored land to prevent further |
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erosion of the restored land. |
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(d) The land office shall adopt reasonable rules to govern |
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the restoration and sale of land under this section, including |
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rules that: |
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(1) prescribe the type and quality of materials that |
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may be used to backfill or build a bulkhead; |
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(2) require maintenance of backfill and bulkheads; |
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(3) authorize land office maintenance or removal of |
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abandoned or dilapidated structures; |
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(4) require consideration of any adverse effects on |
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adjacent property owners; [and] |
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(5) grant an owner of property who restores land a |
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preference right to purchase the land as provided by this section; |
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and |
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(6) establish penalties for the violation of this |
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section or rules adopted under this section. |
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SECTION 2. Not later than December 1, 2007, the General Land |
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Office shall adopt rules under Section 33.613, Natural Resources |
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Code, as amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |