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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a municipality or county to define the |
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line of vegetation bordering a public beach. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.011, Natural Resources Code, is |
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amended by amending Subsection (d) and adding Subsection (d-1) to |
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read as follows: |
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(d) The commissioner shall promulgate rules, consistent |
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with the policies established in this section, on the following |
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matters only: |
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(1) acquisition by local governments or other |
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appropriate entities or public dedication of access ways sufficient |
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to provide adequate public ingress and egress to and from the beach |
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within the area described in Subdivision (6); |
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(2) protection of the public easement from erosion or |
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reduction caused by development or other activities on adjacent |
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land and beach cleanup and maintenance; |
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(3) local government prohibitions of vehicular |
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traffic on public beaches, provision of off-beach parking, and |
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other minimum measures needed to mitigate for any adverse effect on |
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public access and dune areas; |
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(4) imposition of beach access, user, or parking fees |
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and reasonable exercises of the police power by local governments |
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with respect to public beaches; |
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(5) contents and certification of beach access and use |
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plans and standards for local government review of construction on |
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land adjacent to and landward of public beaches, including |
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procedures for expedited review of beach access and use plans under |
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Section 61.015; |
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(6) construction on land adjacent to and landward of |
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public beaches and lying in the area either up to the first public |
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road generally parallel to the beach or to any closer public road |
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not parallel to the beach, or to within 1,000 feet of mean high |
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tide, whichever is greater, that affects or may affect public |
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access to and use of public beaches; |
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(7) the temporary suspension under Section 61.0185 of |
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enforcement of the prohibition against encroachments on and |
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interferences with the public beach easement and the ability of a |
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property owner to make repairs to a house while a suspension is in |
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effect; |
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(8) [the determination of the line of vegetation or
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natural line of vegetation;
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[(9)] the factors to be considered in determining |
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whether a structure, improvement, obstruction, barrier, or hazard |
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on the public beach: |
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(A) constitutes an imminent hazard to safety, |
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health, or public welfare; or |
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(B) substantially interferes with the free and |
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unrestricted right of the public to enter or leave the public beach |
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or traverse any part of the public beach; and |
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(9) [(10)] the procedures for determining whether a |
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structure is not insurable property for purposes of Section |
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2210.004, Insurance Code, because of the factors listed in |
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Subsection (h) of that section. |
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(d-1) A municipality has the exclusive right to determine |
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the line of vegetation or natural line of vegetation in the |
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municipality. A county has the exclusive right to determine the |
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line of vegetation or natural line of vegetation in the |
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unincorporated area of the county. |
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SECTION 2. Sections 61.0185(a), (b), and (c), Natural |
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Resources Code, are amended to read as follows: |
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(a) The commissioner by order may suspend for a period of |
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two years from the date the order is issued the submission of a |
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request that the attorney general file a suit under Section |
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61.018(a) to obtain a temporary or permanent court order or |
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injunction, either prohibitory or mandatory, to remove a house from |
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a public beach if the applicable county or municipality |
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[commissioner] determines that[:
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[(1)] the line of vegetation establishing the boundary |
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of the public beach has moved as a result of a meteorological event |
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and the commissioner determines that: |
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(1) [; (2)] the house was located landward of the |
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natural line of vegetation before the meteorological event; and |
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(2) [(3)] the house does not present an imminent |
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threat to public health and safety. |
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(b) A county or municipality, as applicable, [The
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commissioner] shall make a determination under Subsection (a) |
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regarding the line of vegetation in accordance with Sections 61.016 |
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and 61.017. |
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(c) A county or municipality, as applicable, [The
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commissioner] shall consult with the Bureau of Economic Geology of |
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The University of Texas at Austin when making a determination under |
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Subsection (a) regarding: |
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(1) the line of vegetation; or |
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(2) the effect of a meteorological event on the |
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location of the public beach easement. |
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SECTION 3. Section 61.020(b), Natural Resources Code, is |
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amended to read as follows: |
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(b) The determination of the location of the line of |
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vegetation by a county or municipality, as applicable, [the
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commissioner] as provided by Sections 61.016 and 61.017 constitutes |
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prima facie evidence of the landward boundary of the area subject to |
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the public easement until a court adjudication establishes the line |
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in another place. |
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SECTION 4. This Act takes effect September 1, 2009. |