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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of golf carts on beaches. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (d), Section 61.011, Natural |
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Resources Code, is amended to 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, use of |
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motorized golf cart vehicles on the beach by disabled persons, 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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(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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SECTION 2. This Act takes effect September 1, 2009. |