Amend CSHB 770 by adding the following appropriately numbered
SECTIONS to the bill and renumbering subsequent SECTIONS of the
bill accordingly:
SECTION ____. Section 61.018, Natural Resources Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) Except as provided by Subsection (a-1), any [Any] county
attorney, district attorney, or criminal district attorney, or the
attorney general at the request of the commissioner, shall file in a
district court of Travis County, or in the county in which the
property is located, a suit to obtain either a temporary or
permanent court order or injunction, either prohibitory or
mandatory, to remove or prevent any improvement, maintenance,
obstruction, barrier, or other encroachment on a public beach, or
to prohibit any unlawful restraint on the public's right of access
to and use of a public beach or other activity that violates this
chapter.
(a-1) A county attorney, district attorney, or criminal
district attorney or the attorney general may not file a suit under
Subsection (a) to obtain a temporary or permanent court order or
injunction, either prohibitory or mandatory, to remove a house from
a public beach if:
(1) the line of vegetation establishing the boundary
of the public beach has moved as a result of a meteorological event;
(2) the house was located landward of the natural line
of vegetation before the meteorological event;
(3) a portion of the house continues to be located
landward of the line of vegetation; and
(4) the house is located on a peninsula in a county
with a population of more than 250,000 and less than 251,000 that
borders the Gulf of Mexico.
(a-2) The owner of a house described by Subsection (a-1) may
repair or rebuild the house following a meteorological event that
causes the destruction of or damage to the house.
SECTION ____. Section 61.018, Natural Resources Code, as
amended by this Act, applies to a meteorological event regardless
of whether the event occurred before, on, or after the effective
date of this Act.