| |
| |
| |
|
|
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 Subsections (e) and (f) 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 at least |
|
|
1,000 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, provided that before or concurrently |
|
|
with the construction of the structure: |
|
|
(1) a perpetual easement has been granted in favor of |
|
|
the public affording pedestrian, noncommercial use along and over |
|
|
the entire length of the structure and an adjacent sidewalk by the |
|
|
general public; and |
|
|
(2) the subdivision that constructed the shore |
|
|
protection structure has provided a public parking area of |
|
|
sufficient acreage to provide at least one parking space for each 15 |
|
|
linear feet of the structure, located so that ingress and egress |
|
|
ways are not more than one-half mile apart. |
|
|
(f) Before a subdivision of this state begins construction |
|
|
of a shore protection structure described by Subsection (e), the |
|
|
subdivision must conduct and obtain the commissioner's approval of |
|
|
a coastal boundary survey under Section 33.136. The state retains |
|
|
fee title to all land described by Section 11.012 that is occupied |
|
|
by or affected by the placement of the structure. |
|
|
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, 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 or county highway or bridge; |
|
|
(B) is located on land that: |
|
|
(i) is state-owned submerged land or was |
|
|
acquired for the project by a subdivision of this state; and |
|
|
(ii) is located in or adjacent to the mouth |
|
|
of a natural inlet from the Gulf of Mexico; and |
|
|
(C) extends at least 1,000 feet along the |
|
|
shoreline. |
|
|
(a-1) In granting approval of a shore protection structure |
|
|
under Subsection (a)(6) of this section, the commissioner may |
|
|
specify requirements for the design and location of the structure |
|
|
or any public parking area required by Section 61.017(e). |
|
|
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, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1445 was passed by the House on April |
|
|
21, 2009, by the following vote: Yeas 142, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 1445 was passed by the Senate on May |
|
|
21, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |