AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The Gulf of Mexico shoreline contains an abundance of natural resources, an outlet for recreation, and homes to many Texans. Natural events such as hurricanes have at times altered the shoreline and the line of vegetation. This line is critical in determining where an easement for public beach use begins.
One potential way to protect the coast from such events is the construction of a static dune. Vegetated stabilized dunes can help preserve the beach by protecting against erosion of the shore.
S.B. 1560 allows for the construction a dune for protection against avulsive or meteorological events.
As proposed, S.B. 1560 amends current law relating to easements used for dune construction and maintenance projects.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter A, Chapter 63, Natural Resources Code, by adding Section 63.004, as follows:
Sec. 63.004. DUNE PROJECT EASEMENT. (a) Defines "dune project" for the purposes of this section.
(b) Authorizes a person who owns property that borders a line of vegetation establishing the boundary of a public beach to grant an easement on the property to this state, a county, or a municipality for the purpose of allowing the governmental entity to construct and maintain a dune project in the easement.
(c) Prohibits a person from granting an easement under Subsection (b) unless the person simultaneously grants to the public a recreational easement on the portion of the person's property seaward of the seaward boundary of the easement granted under that subsection.
(d) Authorizes an agreement between a person who grants an easement under Subsection (b) and this state, a county, or a municipality to provide that the seaward boundary of the easement may be affected by gradual changes in the line of vegetation but not by changes caused by an avulsive event.
SECTION 2. Makes application of the change in law made by this Act prospective.
SECTION 3. Effective date: upon passage or September 1, 2013.