80(R) HB 3624 - Introduced version

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	80R7690 EJI-F

	By: Ritter	H.B. No. 3624

A BILL TO BE ENTITLED

AN ACT

relating to the protection of coastal resources; providing for

administrative penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 33.605(b), Natural Resources Code, is

amended to read as follows:

(b) The commissioner must approve an expenditure from the

account. In determining whether to approve an expenditure for a

study or project, the commissioner shall consider:

(1) the amount of money in the account;

(2) the feasibility and cost-effectiveness of the

study or project;

(3) the locations of other existing or proposed

erosion response projects;

(4) the needs in other critical coastal erosion areas;

(5) the effect of the study or project on public or

private property; and

(6) if the site to be studied or project to be

conducted will be located within the jurisdiction of a local

government subject to Chapter 61 or 63:

(A) [,] whether the local government is

adequately administering those chapters; and

(B) the building set-back line established by the

local government under Section 33.607.

SECTION 2. The heading to Section 33.607, Natural Resources

Code, is amended to read as follows:

Sec. 33.607. COASTAL EROSION PUBLIC AWARENESS AND

EDUCATION; LOCAL GOVERNMENT PLANNING AND REGULATION.

SECTION 3. Section 33.607, Natural Resources Code, is

amended by amending Subsection (e) and adding Subsections (f), (g),

and (h) to read as follows:

(e) A local government subject to Chapter 61 or 63 may [is

~~encouraged to~~] use historical erosion data to prepare a plan for

reducing public expenditures for erosion and storm damage losses to

public and private property, including public beaches, by

establishing and implementing a building set-back line that will

accommodate a shoreline retreat. The local government shall hold a

public educational meeting on the plan before proposing to

implement it through the plans, orders, or ordinances provided by

Chapters 61 and 63.

(f) A plan for reducing public expenditures for erosion and

storm damage losses to public and private property that includes

the establishment and implementation of a building set-back line

under this section may:

(1) preserve and enhance the public's right of access

to and use of the public beach;

(2) preserve critical sand dunes for natural storm

protection and conservation purposes;

(3) establish a building set-back line no further

landward than the dune protection line established by the local

government under Chapter 63;

(4) provide for the prohibition of new construction

seaward of the building set-back line; and

(5) provide for the acquisition of fee title to or a

lesser interest in property seaward of the building set-back line.

(g) The commissioner may adopt rules for the establishment

and implementation of a building set-back line under this section.

(h) Chapter 2007, Government Code, does not apply to a rule

or local government order or ordinance authorized by this section.

SECTION 4. Section 33.651(4), Natural Resources Code, is

amended to read as follows:

(4) "Coastal improvement project" means a project to

improve access to a public beach by:

(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]

office rules, to restore land affected by coastal erosion to its

original boundaries; or

(D) implementing a building set-back line

established under Section 33.607.

SECTION 5. Section 33.656, Natural Resources Code, is

amended to read as follows:

Sec. 33.656. PROJECTS THAT QUALIFY FOR FUNDING. To qualify

for funding under this subchapter, a project must:

(1) be sponsored by a coastal county;

(2) be located within the sponsoring coastal county

along or adjacent to the shore of the Gulf of Mexico, an inland bay,

or a connecting channel between the Gulf of Mexico and an inland

bay;

(3) be accessible by public roads or a common carrier

ferry;

(4) be identified and approved for funding by a

coastal county and the land office; and

(5) require more than $5 million to complete, as

estimated by the land office, unless the project implements a

building set-back line established under Section 33.607.

SECTION 6. Section 33.659(a), Natural Resources Code, is

amended to read as follows:

(a) In addition to all other powers that a coastal county

has under general law, a coastal county has the rights, powers,

privileges, authority, and functions that are necessary or

convenient to:

(1) the designing, engineering, acquiring,

constructing, improving, maintaining, extending, repairing,

replacing, monitoring, removing, administering, and financing of a

qualified project located in a coastal county; [~~and~~]

(2) the funding of a reserve or other fund relating to

bonds; and

(3) the establishment and implementation of a building

set-back line under Section 33.607.

SECTION 7. Section 61.011(d), Natural Resources Code, is

amended to read as follows:

(d) The commissioner shall promulgate rules, consistent

with the policies established in this section, on the following

matters only:

(1) acquisition by local governments or other

appropriate entities or public dedication of access ways sufficient

to provide adequate public ingress and egress to and from the beach

within the area described in Subdivision (6);

(2) protection of the public easement from erosion or

reduction caused by development or other activities on adjacent

land and beach cleanup and maintenance;

(3) local government prohibitions of vehicular

traffic on public beaches, provision of off-beach parking, and

other minimum measures needed to mitigate for any adverse effect on

public access and dune areas;

(4) imposition of beach access, user, or parking fees

and reasonable exercises of the police power by local governments

with respect to public beaches;

(5) contents and certification of beach access and use

plans and standards for local government review of construction on

land adjacent to and landward of public beaches, including

procedures for expedited review of beach access and use plans under

Section 61.015;

(6) construction on land adjacent to and landward of

public beaches and lying in the area either up to the first public

road generally parallel to the beach or to any closer public road

not parallel to the beach, or to within 1,000 feet of mean high

tide, whichever is greater, that affects or may affect public

access to and use of public beaches; [~~and~~]

(7) the temporary suspension under Section 61.0185 of

enforcement of the prohibition against encroachments on and

interferences with the public beach easement and the ability of a

property owner to make repairs to a house while a suspension is in

effect;

(8) the determination of the line of vegetation or

natural line of vegetation;

(9) the factors to be considered in determining

whether a structure, improvement, obstruction, barrier, or hazard

on the public beach:

(A) constitutes an imminent hazard to safety,

health, or public welfare; or

(B) substantially interferes with the free and

unrestricted right of the public to enter or leave the public beach

or traverse any part of the public beach; and

(10) the procedures for determining whether a

structure is not insurable property for purposes of Section

2210.004, Insurance Code, because of the factors listed in

Subsection (h) of that section.

SECTION 8. Sections 61.015(b) and (c), Natural Resources

Code, are amended to read as follows:

(b) Local governments shall submit proposed beach access

and use plans to the commissioner for certification as to

compliance with such policies and rules. The commissioner shall act

on a local government's proposed beach access and use plan within 90

[60] days of submission by either approving the plan or denying

certification. In the event of denial, the commissioner shall send

the proposed plan back to the originating local government with a

statement of specific objections and the reasons for denial, along

with suggested modifications. On receipt, the local government

shall revise and resubmit the plan. The commissioner's

certification of local government plans shall be by adoption into

the rules under Section 61.011.

landward of a public beach in the area described in Section

61.011(d)(6) shall submit a development plan to the appropriate

local government. The local government shall forward a [~~the~~]

development plan for small-scale construction activity that

includes 5,000 square feet or less or habitable structures two

stories or less in height to the commissioner no less than 10

working days prior to acting on the development plan. The local

government shall forward a development plan for large-scale

construction activity that includes more than 5,000 square feet or

habitable structures more than two stories in height to the

commissioner no less than 30 working days prior to acting on the

development plan. The commissioner may submit comments on the

proposed construction to the local government.

SECTION 9. Sections 61.018(b) and (c), Natural Resources

Code, are amended to read as follows:

(b) In the same suit, the attorney general, the

commissioner, county attorney, district attorney, or criminal

district attorney may recover penalties and the costs of removing

any improvement, obstruction, barrier, or other encroachment if it

is removed by public authorities pursuant to an order of the court

or a removal order issued by the commissioner as provided by Section

61.0183.

issued by the commissioner as provided by Section 61.0183 is liable

for a civil penalty of not less than $50 nor more than $2,000

[~~$1,000~~]. Each day the violation occurs or continues is a separate

violation.

SECTION 10. Subchapter B, Chapter 61, Natural Resources

Code, is amended by adding Sections 61.0181, 61.0182, 61.0183, and

61.0184 to read as follows:

Sec. 61.0181. ADMINISTRATIVE PENALTY. The commission may

assess an administrative penalty against a person who violates this

chapter or a rule adopted under this chapter in the amount provided

by Section 61.018(c) for a civil penalty. In determining the amount

of the penalty, the commissioner shall consider:

(1) the seriousness of the violation, including the

nature, circumstances, extent, and gravity of the violation and the

hazard or damage caused thereby;

(2) the degree of cooperation and quality of response;

(3) the degree of culpability and history of previous

violations by the person subject to the penalty;

(4) the amount necessary to deter future violations;

and

(5) any other matter that justice requires.

Sec. 61.0182. ENFORCEMENT PROVISIONS CUMULATIVE. This

subchapter is cumulative of all other applicable penalties,

remedies, and enforcement and liability provisions.

Sec. 61.0183. REMOVAL OF CERTAIN STRUCTURES, IMPROVEMENTS,

OBSTRUCTIONS, BARRIERS, AND HAZARDS ON PUBLIC BEACH. (a) The

commissioner may order the removal of a structure, improvement,

obstruction, barrier, or hazard from a public beach if the

commissioner finds the structure, improvement, obstruction,

barrier, or hazard to be on the public beach as defined by Section

61.013(c) and:

(1) the structure, improvement, obstruction, barrier,

or hazard was constructed or placed on the beach in a manner that is

inconsistent with the local government's beach access and use plan;

(2) the structure, improvement, obstruction, or

barrier constitutes an imminent hazard to safety, health, or public

welfare.

(b) The decision to remove a structure, improvement,

obstruction, barrier, or hazard under this section is discretionary

with the commissioner. This section does not impose a duty on the

state to remove a structure, improvement, obstruction, barrier, or

hazard or to remedy or warn of a hazardous condition on the public

beach.

disposal of a structure, improvement, obstruction, barrier, or

hazard under this section and may pay the costs of removal from

money appropriated by the legislature.

Sec. 61.0184. NOTICE REQUIREMENTS; ORDERS AND HEARINGS.

(a) The commissioner shall make a determination that a structure is

located on the public beach, assess an administrative penalty, and

pursue the removal of a structure, improvement, obstruction,

barrier, or hazard from a public beach in accordance with this

section.

(b) Before the commissioner may notify the Texas Windstorm

Insurance Association as provided by Section 2210.004, Insurance

Code, regarding the status of property, the commissioner must give

written notice and an opportunity for a hearing to a person who is

constructing, maintains, controls, owns, or possesses the

structure, improvement, obstruction, barrier, or hazard on the

public beach. The notice must state that:

(1) the commissioner finds that a specific structure

is located on the public beach as determined under this chapter,

and:

(A) constitutes an imminent hazard to safety,

health, or public welfare; or

(B) substantially interferes with the free and

unrestricted right of the public to enter or leave the public beach

or traverse any part of the public beach;

(2) the commissioner intends to notify the Texas

Windstorm Insurance Association of a determination in accordance

with Section 2210.004, Insurance Code; and

(3) the person who is constructing, maintains,

controls, owns, or possesses the structure, improvement,

obstruction, barrier, or hazard located on the public beach may

submit, not later than the 60th day after the date on which the

notice is served, written request for a hearing to contest the

determination.

structure, improvement, obstruction, barrier, or hazard under

Section 61.0183 or impose an administrative penalty under Section

61.0181, the commissioner must provide written notice to the person

who is constructing, maintains, controls, owns, or possesses the

structure, improvement, obstruction, barrier, or hazard. The

notice must:

(1) describe the specific structure, improvement,

obstruction, barrier, or hazard that violates this subchapter;

(2) state that the person who is constructing,

maintains, controls, owns, or possesses the structure,

improvement, obstruction, barrier, or hazard is required to remove

the structure, improvement, obstruction, barrier, or hazard:

(A) not later than the 60th day after the date on

which the notice is served, if the structure, improvement,

obstruction, barrier, or hazard is obstructing access to or use of

the public beach; or

(B) within a reasonable time specified by the

commissioner if the structure, improvement, obstruction, barrier,

or hazard is an imminent and unreasonable threat to public health,

safety, or welfare;

(3) state that failure to remove the structure,

improvement, obstruction, barrier, or hazard may result in

liability for a civil penalty under Section 61.018(c), removal by

the commissioner and liability for the costs of removal, or any

combination of those remedies; and

(4) state that the person who is constructing,

maintains, controls, owns, or possesses the structure,

improvement, obstruction, barrier, or hazard may submit, not later

than the 60th day after the date on which the notice is served,

written request for a hearing.

(d) A person is considered to be the person who owns,

maintains, controls, or possesses an improvement, obstruction,

barrier, or other encroachment on the public beach for purposes of

this section if the person is the person who most recently owned,

maintained, controlled, or possessed the improvement, obstruction,

barrier, or other encroachment on the public beach.

(e) The notice required by Subsection (b) must be given:

(1) by service in person, by registered or certified

mail, return receipt requested, or by priority mail; or

(2) if personal service cannot be obtained or the

address of the person responsible is unknown, by posting a copy of

the notice on the structure, improvement, obstruction, barrier, or

hazard and by publishing notice in a newspaper with general

circulation in the county in which the structure, improvement,

obstruction, barrier, or hazard is located at least two times

within 10 consecutive days.

(f) The commissioner by rule may adopt procedures for a

hearing under this section.

(g) The commissioner must grant a hearing before an

administrative law judge employed by the State Office of

Administrative Hearings if a hearing is requested. A person who

does not request a hearing within 60 days after the date on which

the notice is served waives all rights to judicial review of the

commissioner's findings or orders and shall immediately remove the

structure, improvement, obstruction, barrier, or hazard and pay any

penalty assessed. If a hearing is held, the commissioner may issue

a final order approving the proposal for decision submitted by the

administrative law judge concerning a determination regarding

whether a structure is not insurable property for purposes of

Section 2210.004, Insurance Code, because of the factors listed in

Subsection (h) of that section or concerning removal of the

structure, improvement, obstruction, barrier, or hazard and

payment of a penalty. The commissioner may change a finding of fact

or conclusion of law made by the administrative law judge or may

vacate or modify an order issued by the administrative judge in

accordance with Section 2001.058, Government Code.

(h) The trial courts of this state shall give preference to

an appeal from a final order of the commissioner under this section

as provided by Section 23.101(a), Government Code.

(i) If the person who is constructing, maintains, controls,

owns, or possesses the structure, improvement, obstruction,

barrier, or hazard does not pay assessed penalties, removal costs,

and other assessed fees and expenses on or before the 60th day after

the date of entry of a final order assessing the penalties, costs,

and expenses, the commissioner may:

(1) sell salvageable parts of the structure,

improvement, obstruction, barrier, or hazard to offset those costs;

(2) request that the attorney general institute civil

proceedings to collect the penalties, costs of removal, and other

fees and expenses remaining unpaid; or

(3) use any combination of the remedies prescribed by

this subsection, or other remedies authorized by law, to collect

the unpaid penalties, costs of removal, and other fees and expenses

assessed because of the structure, improvement, obstruction,

barrier, or hazard on the public beach and its removal by the

commissioner.

SECTION 11. Section 61.020, Natural Resources Code, is

amended to read as follows:

Sec. 61.020. PRIMA FACIE EVIDENCE. (a) In a suit or

administrative proceeding brought or defended under this

subchapter or whose determination is affected by this subchapter, a

showing that the area in question is located in the area from mean

low tide to the line of vegetation is prima facie evidence that:

(1) the title of the littoral owner does not include

the right to prevent the public from using the area for ingress and

egress to the sea; and

(2) there is imposed on the area a common law right or

easement in favor of the public for ingress and egress to the sea.

(b) The determination of the location of the line of

vegetation by the commissioner as provided by Sections 61.016 and

61.017 constitutes prima facie evidence of the landward boundary of

the area subject to the public easement until a court adjudication

establishes the line in another place.

SECTION 12. Section 61.025, Natural Resources Code, is

amended to read as follows:

Sec. 61.025. DISCLOSURE TO PURCHASER OF PROPERTY. (a) A

person who sells or conveys an interest, other than a mineral,

leasehold, or security interest, in real property located seaward

of the Gulf Intracoastal Waterway to its southernmost point and

then seaward of the longitudinal line also known as 97 degrees, 12',

19" which runs southerly to the international boundary from the

intersection of the centerline of the Gulf Intracoastal Waterway

and the Brownsville Ship Channel must include in any executory

contract for conveyance a [~~the following~~] statement in

substantially the following form:

CONCERNING THE PROPERTY AT ______________________________________

DISCLOSURE NOTICE CONCERNING LEGAL AND ECONOMIC RISKS

OF PURCHASING COASTAL REAL PROPERTY NEAR A BEACH

WARNING: THE FOLLOWING NOTICE OF POTENTIAL RISKS OF ECONOMIC

LOSS TO YOU AS THE PURCHASER OF COASTAL REAL PROPERTY IS REQUIRED BY

STATE LAW.

• READ THIS NOTICE CAREFULLY. DO NOT SIGN THIS CONTRACT

UNTIL YOU FULLY UNDERSTAND THE RISKS YOU ARE ASSUMING.

• BY PURCHASING THIS PROPERTY, YOU MAY BE ASSUMING

ECONOMIC RISKS OVER AND ABOVE THE RISKS INVOLVED IN PURCHASING

INLAND REAL PROPERTY.

• IF YOU OWN A STRUCTURE LOCATED ON COASTAL REAL PROPERTY

NEAR A GULF COAST BEACH, IT MAY COME TO BE LOCATED ON THE PUBLIC

BEACH BECAUSE OF COASTAL EROSION AND STORM EVENTS.

• AS THE OWNER OF A STRUCTURE LOCATED ON THE PUBLIC BEACH,

YOU COULD BE SUED BY THE STATE OF TEXAS AND ORDERED TO REMOVE THE

STRUCTURE.

• THE COSTS OF REMOVING A STRUCTURE FROM THE PUBLIC BEACH

AND ANY OTHER ECONOMIC LOSS INCURRED BECAUSE OF A REMOVAL ORDER

WOULD BE SOLELY YOUR RESPONSIBILITY.

The real property described in this contract is located

seaward of the Gulf Intracoastal Waterway to its southernmost point

and then seaward of the longitudinal line also known as 97 degrees,

12', 19" which runs southerly to the international boundary from

the intersection of the centerline of the Gulf Intracoastal

Waterway and the Brownsville Ship Channel. If the property is in

close proximity to a beach fronting the Gulf of Mexico, the

purchaser is hereby advised that the public has acquired a right of

use or easement to or over the area of any public beach by

prescription, dedication, or presumption, or has retained a right

by virtue of continuous right in the public since time immemorial,

as recognized in law and custom.

The extreme seaward boundary of natural vegetation that

spreads continuously inland customarily marks the landward

boundary of the public easement. If there is no clearly marked

natural vegetation line, the landward boundary of the easement is

as provided by Sections 61.016 and 61.017, Natural Resources Code.

Much of the Gulf of Mexico coastline is eroding at rates of

more than five feet per year. Erosion rates for all Texas Gulf

property subject to the open beaches act are available from the

Texas General Land Office.

State law prohibits any obstruction, barrier, restraint, or

interference with the use of the public easement, including the

placement of structures seaward of the landward boundary of the

easement. OWNERS OF STRUCTURES ERECTED SEAWARD OF THE VEGETATION

LINE (OR OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD

OF THE VEGETATION LINE AS A RESULT OF [~~NATURAL~~] PROCESSES SUCH AS

SHORELINE EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO

REMOVE THE STRUCTURES.

The purchaser is hereby notified that the purchaser should:

(1) determine the rate of shoreline erosion in the

vicinity of the real property; and

(2) seek the advice of an attorney or other qualified

person before executing this contract or instrument of conveyance

as to the relevance of these statutes and facts to the value of the

property the purchaser is hereby purchasing or contracting to

purchase.

(b) If there is no executory contract for conveyance, the

statement must be delivered to, and receipt thereof acknowledged

by, the purchaser not later than 10 calendar days prior to closing

the transaction.

on or before the 10th calendar day before the effective date of any

conveyance or executory contract or to include the statement in an

executory contract for conveyance renders the conveyance or

executory contract voidable and shall be grounds for the purchaser

to terminate such contract, and upon termination any earnest money

shall be returned to the party making the deposit.

(d) Failure to provide this statement on or before the 10th

calendar day before the effective date of any [~~prior to closing,~~

~~either in the~~] executory contract for conveyance or to include the

statement in an executory contract for conveyance [~~or in a separate~~

~~written statement,~~] shall constitute a deceptive act under Section

17.46, Business & Commerce Code.

(e) This section, or the failure of a person to give or

receive the notice in the manner required by this section, does not

diminish or modify the beach access and use rights of the public

acquired through statute or under common law.

SECTION 13. Section 63.002, Natural Resources Code, is

amended by adding Subdivision (6) to read as follows:

(6) "Restoration" means the repair or replacement of

dunes or dune vegetation.

SECTION 14. Section 63.054(c), Natural Resources Code, is

amended to read as follows:

shall establish procedures and requirements governing the review

and approval of dune permits, and these procedures and requirements

shall be submitted to the commissioner for certification to

determine whether the procedures and requirements are in compliance

with rules and policies adopted under Section 63.121. The

commissioner shall act on a county or municipality's proposed dune

protection plan not later than the 90th day after the date the plan

is submitted by approving the plan or denying certification. If

certification is denied, the commissioner shall return the proposed

plan to the originating local government with a statement of

specific objections and the reasons for denial, along with

suggested modifications. On receipt, the county or municipality

shall revise and resubmit the plan. The commissioner must certify a

county or municipality's procedures and requirements under this

section in accordance with rules adopted under Section 63.121

[~~comments~~].

SECTION 15. Section 63.056(a), Natural Resources Code, is

amended to read as follows:

(a) After receiving an application for a permit to perform

any of the acts prohibited in Section 63.091 in connection with

small-scale construction activity that includes 5,000 square feet

or less or habitable structures two stories in height or less [of

~~this code~~], the commissioners court or the governing body of the

municipality shall notify the commissioner by sending, not less

than 10 working days before the date of the public hearing on the

application, notice of the hearing and a copy of the application.

After receiving an application for a permit to perform any of the

acts prohibited in Section 63.091 in connection with large-scale

construction activity that includes more than 5,000 square feet or

habitable structures more than two stories in height, the

commissioners court or the governing body of the municipality shall

notify the commissioner by sending, not less than 30 working days

before the date of the public hearing on the application, notice of

the hearing and a copy of the application.

SECTION 16. Section 63.121, Natural Resources Code, is

amended to read as follows:

Sec. 63.121. IDENTIFICATION OF CRITICAL DUNE AREAS;

RULES. (a) The commissioner, in his role as trustee of the public

land of this state, shall identify the critical dune areas within

1,000 feet of mean high tide that are essential to the protection of

state-owned land, public beaches, and submerged land.

(b) The commissioner shall promulgate rules for:

(1) the identification and protection of critical dune

areas; and

(2) the certification of procedures and requirements

governing the review and approval of dune permits by a county or

municipality.

SECTION 17. Section 63.181(b), Natural Resources Code, is

amended to read as follows:

(b) A person who violates this chapter or any rule, permit,

or order under this chapter is liable for a civil penalty of not

less than $50 nor more than $2,000 [~~$1,000~~]. Each day that a

violation occurs or continues constitutes a separate offense. A

violation of Section 63.091 is considered to be a continuing

violation from the date of the initial unauthorized conduct until

the earlier of:

(1) the date on which a proper permit is issued

authorizing the conduct; or

(2) the date on which restoration of dunes or dune

vegetation damaged by the violation is completed.

SECTION 18. Subchapter G, Chapter 63, Natural Resources

Code, is amended by adding Sections 63.1811, 63.1812, 63.1813, and

63.1814 to read as follows:

Sec. 63.1811. ADMINISTRATIVE PENALTY. The commissioner may

assess an administrative penalty for a violation of Section 63.091

or any rule, permit, or order issued under this chapter in the

amount established by Section 63.181(b) for a civil penalty. In

determining the amount of the penalty, the commissioner shall

consider:

(1) the seriousness of the violation, including the

nature, circumstances, extent, and gravity of the violation and the

hazard or damage caused thereby;

(2) the degree of cooperation and quality of response;

(3) the degree of culpability and history of previous

violations by the person subject to the penalty;

(4) the amount necessary to deter future violations;

and

(5) any other matter that justice requires.

Sec. 63.1812. ENFORCEMENT PROVISIONS CUMULATIVE. This

subchapter is cumulative of all other applicable penalties,

remedies, and enforcement and liability provisions.

Sec. 63.1813. MITIGATION FOR DAMAGE, DESTRUCTION, OR

REMOVAL OF DUNE OR DUNE VEGETATION WITHOUT PERMIT. (a) The

commissioner may order restoration for the damage, destruction, or

removal of a sand dune or a portion of a sand dune or the killing,

destruction, or removal of any vegetation growing on a sand dune

seaward of the dune protection line or within a critical dune area

in violation of this chapter or any rule, permit, or order issued

under this chapter.

(b) The decision to require restoration under this section

is discretionary with the commissioner. This section does not

impose a duty on the state to order restoration.

required under this section and may pay the costs of restoration

from money appropriated by the legislature.

Sec. 63.1814. NOTICE REQUIREMENTS; ORDERS AND HEARINGS.

(a) The commissioner shall assess an administrative penalty and

pursue restoration in accordance with this section.

(b) Before the commissioner may order restoration under

Section 63.1813 or assess an administrative penalty under Section

63.1811, the commissioner must give written notice to a person who

is taking or has taken actions that violate Section 63.091 or any

rule, permit, or order issued under this chapter. The notice must

state:

(1) the specific conduct that violates Section 63.091

or any rule, permit, or order issued under this chapter;

(2) that the person who is engaged in or has been

engaged in the conduct that violates Section 63.091 or any rule,

permit, or order issued under this chapter must perform restoration

for the damage caused by the violation not later than the 60th day

after the date on which the notice is served;

(3) that failure to perform restoration for the damage

caused by the violation in accordance with the commissioner's order

may result in liability for a civil penalty under Section 63.181(b)

in an amount specified, restoration contracted or undertaken by the

commissioner and liability for the costs of restoration, or any

combination of those remedies; and

(4) that the person who is engaging in or has engaged

in conduct that violates Section 63.091 or any rule, permit, or

order issued under this chapter may submit, not later than the 60th

day after the date on which the notice is served, a written request

for a hearing.

engaged in conduct that violates Section 63.091 or any rule,

permit, or order issued under this chapter for purposes of this

section if the person is the person who most recently owned,

maintained, controlled, or possessed the real property on which the

conduct occurred.

(d) The notice required by Subsection (b) must be given:

(1) by service in person, by registered or certified

mail, return receipt requested, or by priority mail; or

(2) if personal service cannot be obtained or the

address of the person responsible is unknown, by posting a copy of

the written notice at the site where the conduct was engaged in and

by publishing notice in a newspaper with general circulation in the

county in which the site is located at least two times within 10

consecutive days.

(e) The commissioner by rule may adopt procedures for a

hearing under this section.

(f) The commissioner must grant a hearing before an

administrative law judge employed by the State Office of

Administrative Hearings if a hearing is requested. A person who

does not request a hearing within 60 days after the date on which

the notice is served waives all rights to judicial review of the

commissioner's findings or orders and shall immediately initiate

mitigation and pay any penalty assessed. If a hearing is held, the

commissioner may issue a final order approving the proposal for

decision submitted by the administrative law judge concerning

mitigation and payment of a penalty. The commissioner may change a

finding of fact or conclusion of law made by the administrative law

judge, or may vacate or modify an order issued by the administrative

law judge in accordance with Section 2001.058, Government Code.

(g) The trial courts of this state shall give preference to

an appeal from a final order of the commissioner under this section

as provided by Section 23.101(a), Government Code.

(h) If the person who is engaged in or has been engaged in

conduct that violated Section 63.091 or any rule, permit, or order

issued under this chapter does not pay assessed penalties,

mitigation costs, and other assessed fees and expenses on or before

the 60th day after the date of entry of a final order assessing the

penalties, costs, and expenses, the commissioner may:

(1) request that the attorney general institute civil

proceedings to collect the penalties, costs of restoration, and

other fees and expenses remaining unpaid; or

(2) use any combination of the remedies prescribed by

this section, or other remedies authorized by law, to collect the

unpaid penalties, costs of restoration, and other fees and expenses

assessed because of unauthorized conduct and its mitigation by the

commissioner.

SECTION 19. Section 2210.004, Insurance Code, is amended by

amending Subsection (a) and adding Subsection (h) to read as

follows:

(a) Except as provided by Subsection (h), for [~~For~~] purposes

of this chapter and subject to this section, "insurable property"

means immovable property at a fixed location in a catastrophe area

or corporeal movable property located in that immovable property,

as designated in the plan of operation, that is determined by the

association according to the criteria specified in the plan of

operation to be in an insurable condition against windstorm and

hail or fire and explosion, as appropriate, as determined by normal

underwriting standards.

(h) For purposes of this chapter, a structure is not

insurable property if the commissioner of the General Land Office

notifies the association of a determination that the structure is

located on the public beach under procedures established under

Section 61.011, Natural Resources Code, and that the structure:

(1) constitutes an imminent hazard to safety, health,

or public welfare; or

(2) substantially interferes with the free and

unrestricted right of the public to enter or leave the public beach

or traverse any part of the public beach.

SECTION 20. Section 5.008(b), Property Code, is amended to

read as follows:

(b) The notice must be executed and must, at a minimum, read

substantially similar to the following:

SELLER'S DISCLOSURE NOTICE

CONCERNING THE PROPERTY AT___________________________________

(Street Address and City)

THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF

THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY

SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR

WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT

A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.

Seller __ is __ is not occupying the Property.

If unoccupied, how long since Seller has occupied the Property?

________________________________________________________________

1. The Property has the items checked below:

Write Yes (Y), No (N), or Unknown (U).

__ Range

__ Oven

__ Microwave

__ Dishwasher

__ Trash Compactor

__ Disposal

__ Washer/Dryer

__ Window

__ Rain Gutters

Hookups

Screens

__ Security

__ Fire Detection

__ Intercom

System

Equipment

System

__ TV Antenna

__ Cable TV

__ Satellite

Wiring

Dish

__ Ceiling Fan(s)

__ Attic Fan(s)

__ Exhaust

Fan(s)

__ Central A/C

__ Central Heating

__ Wall/Window Air

Conditioning

__ Plumbing System

__ Septic System

__ Public Sewer

System

__ Patio/Decking

__ Outdoor Grill

__ Fences

__ Pool

__ Sauna

__ Spa

__ Hot Tub

__ Pool Equipment

__ Pool Heater

__ Automatic Lawn

Sprinkler

System

__ Fireplace(s) &

Chimney

(Woodburning)

(Mock)

__ Gas Lines

__ Gas Fixtures

(Nat./LP)

Garage: __ Attached

__ Not Attached

__ Carport

Garage Door Opener(s):

__ Electronic

__ Control(s)

Water Heater:

__ Gas

__ Electric

Water Supply: __ City

__ Well __ MUD

__ Co-op

Roof Type: ________________________________Age: _____(approx)

Are you (Seller) aware of any of the above items that are not in

working condition, that have known defects, or that are in need of

repair? __ Yes __ No __ Unknown.

If yes, then describe. (Attach additional sheets if necessary):

________________________________________________________________

2. Are you (Seller) aware of any known defect/malfunctions in any

of the following?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Interior Walls

__ Ceilings

__ Floors

__ Exterior Walls

__ Doors

__ Windows

__ Roof

__ Foundation/

__ Basement

Slab(s)

__ Walls/Fences

__ Driveways

__ Sidewalks

__ Plumbing/Sewers/

__ Electrical

__ Lighting

Septics

Systems

Fixtures

__ Other Structural Components (Describe):____________________

________________________________________________________________

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):_____________________________

________________________________________________________________

3. Are you (Seller) aware of any of the following conditions?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Active Termites

__ Previous Structural

(includes

or Roof Repair

wood-destroying insects)

__ Termite or Wood Rot

__ Hazardous or Toxic Waste

Needing Repair

__ Previous Termite Damage

__ Asbestos Components

__ Previous Termite

__ Urea formaldehyde

Treatment

Insulation

__ Previous Flooding

__ Radon Gas

__ Improper Drainage

__ Lead Based Paint

__ Water Penetration

__ Aluminum Wiring

__ Located in 100-Year

__ Previous Fires

Floodplain

__ Located in Area Where

Beachfront Construction

Certificate or Dune

Protection Permit for

Repairs or Improvements

Required

__ Present Flood Insurance

__ Unplatted Easements

Coverage

__ Landfill, Settling, Soil

__ Subsurface

Movement, Fault Lines

Structure or Pits

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):_____________________________

________________________________________________________________

4. Are you (Seller) aware of any item, equipment, or system in or

on the property that is in need of repair? __ Yes (if you are

aware) __ No (if you are not aware). If yes, explain (attach

additional sheets as necessary)._________________________________

5. Are you (Seller) aware of any of the following?

Write Yes (Y) if you aware, write No (N) if you are not aware.

__	Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.

__	Homeowners' Association or maintenance fees or assessments.

__	Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.

__	Any notices of violations of deed restrictions of governmental ordinances affecting the condition or use of the Property.

__	Any lawsuits directly or indirectly affecting the Property.

__	Any condition on the Property which materially affects the physical health or safety of an individual.

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):_____________________________

________________________________________________________________

_______________________________________________________

Date Signature of Seller

The undersigned purchaser hereby acknowledges receipt of the

foregoing notice.

_______________________________________________________

Date Signature of Purchaser

SECTION 21. Not later than January 1, 2008, the

commissioner of the General Land Office shall adopt rules required

by Sections 61.011 and 63.121, Natural Resources Code, as amended

by this Act.

SECTION 22. This Act takes effect September 1, 2007.