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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the filing of a suit to remove a house |
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located on a public beach because of a change in the boundary of the |
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beach resulting from a meteorological event. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.018, Natural Resources Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as provided by Subsection (a-1), any [Any] county |
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attorney, district attorney, or criminal district attorney, or the |
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attorney general at the request of the commissioner, shall file in a |
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district court of Travis County, or in the county in which the |
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property is located, a suit to obtain either a temporary or |
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permanent court order or injunction, either prohibitory or |
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mandatory, to remove or prevent any improvement, maintenance, |
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obstruction, barrier, or other encroachment on a public beach, or |
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to prohibit any unlawful restraint on the public's right of access |
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to and use of a public beach or other activity that violates this |
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chapter. |
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(a-1) A county attorney, district attorney, or criminal |
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district attorney or the attorney general may not file a suit under |
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Subsection (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: |
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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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(2) the house was located landward of the natural line |
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of vegetation before the meteorological event; and |
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(3) a portion of the house continues to be located |
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landward of the line of vegetation. |
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SECTION 2. The changes in law made by this Act apply to a |
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meteorological event regardless of whether the event occurred |
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before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |