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A BILL TO BE ENTITLED
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AN ACT
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relating to the line of vegetation and authorized development in |
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certain beach areas; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 61, Natural Resources |
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Code, is amended by adding Section 61.0171 to read as follows: |
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Sec. 61.0171. LINE OF VEGETATION AND AUTHORIZED DEVELOPMENT |
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IN CERTAIN AREAS. (a) This section applies only to a beach area: |
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(1) that is north of a municipality located on a |
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barrier island bordering the Gulf of Mexico; and |
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(2) for which the political subdivision with |
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jurisdiction over the beach area maintains a plan for reducing |
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public expenditures for erosion and storm damage losses under |
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Section 33.607 that includes dune restoration measures and plans |
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for the construction or maintenance of a mostly continuous foredune |
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ridge that meets dune restoration standards approved by the |
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commission. |
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(b) The line of vegetation in a beach area is 200 feet |
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landward of the line of mean low tide if the beach is bordered by a |
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state park road: |
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(1) that extends at least five miles north of a |
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municipality; |
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(2) the right-of-way for which extends at least 100 |
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feet in each direction from the center of the road; and |
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(3) that is located within 1,000 feet of the line of |
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mean low tide. |
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(c) A line of vegetation in a beach area established under |
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this section is the landward boundary of the public beach and of the |
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public easement for all purposes, except that the landward boundary |
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of the beach is subject to rules of the commissioner regarding the |
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restoration of dunes in the public beach easement. |
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(d) A person may construct or maintain a retaining wall on a |
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beach area 255 feet landward of the line of mean low tide if the |
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political subdivision with jurisdiction over the beach area |
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maintains a certified dune protection and beach access and use plan |
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that provides for the payment by an owner or developer of a |
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retaining wall to pay a nonrefundable fee, the revenue from which is |
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to be deposited in a separate dedicated account in the political |
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subdivision's treasury, in an amount approved by the commissioner |
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and sufficient to cover the cost of removing the wall if the |
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commissioner determines that the wall impedes public use of and |
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access to the public beach. |
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(e) Subsection (d) does not authorize a person to construct |
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a seawall. |
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(f) A person may use brick and concrete pavers on a pool |
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deck, sidewalk, patio, driveway, or access drive project bordering |
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a beach area if the political subdivision with jurisdiction over |
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the beach area maintains a certified dune protection and beach |
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access and use plan that provides for the payment by an owner or |
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developer of such a project to pay a nonrefundable fee, the revenue |
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from which is to be deposited in a separate dedicated account in the |
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political subdivision's treasury, in an amount approved by the |
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commissioner and sufficient to cover the cost of removing the |
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project if the commissioner determines that the project impedes |
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public use of and access to the public beach. |
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(g) A person may construct or maintain a swimming pool of a |
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reasonable size relative to the number of people the person expects |
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to use the pool landward of a retaining wall constructed or |
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maintained under Subsection (d) if the political subdivision with |
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jurisdiction over the beach area maintains a certified dune |
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protection and beach access and use plan that provides for the |
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payment by an owner or developer of a pool to pay a nonrefundable |
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fee, the revenue from which is to be deposited in a separate |
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dedicated account in the political subdivision's treasury, in an |
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amount approved by the commissioner and sufficient to cover the |
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cost of removing the pool if the commissioner determines that the |
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pool impedes public use of and access to the public beach. |
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SECTION 2. This Act takes effect September 1, 2013. |