83R8400 JAM-F
  By: Eiland H.B. No. 3459
  relating to the determination of the boundaries of, and the
  enforcement of the law governing access to, public beaches.
         SECTION 1.  Section 61.011(d), Natural Resources Code, is
  amended to read as follows:
         (d)  The commissioner shall promulgate rules, consistent
  with the policies established in this section, on the following
  matters only:
               (1)  acquisition by local governments or other
  appropriate entities or public dedication of access ways sufficient
  to provide adequate public ingress and egress to and from the beach
  within the area described in Subdivision (6);
               (2)  protection of the public easement from erosion or
  reduction caused by development or other activities on adjacent
  land and beach cleanup and maintenance;
               (3)  local government prohibitions of vehicular
  traffic on public beaches, provision of off-beach parking, the use
  on a public beach of a golf cart, as defined by Section 502.001,
  Transportation Code, for the transportation of a person with a
  physical disability, and other minimum measures needed to mitigate
  for any adverse effect on public access and dune areas;
               (4)  imposition of beach access, user, or parking fees
  and reasonable exercises of the police power by local governments
  with respect to public beaches;
               (5)  contents and certification of beach access and use
  plans and standards for local government review of construction on
  land adjacent to and landward of public beaches, including
  procedures for expedited review of beach access and use plans under
  Section 61.015;
               (6)  construction on land adjacent to and landward of
  public beaches and lying in the area either up to the first public
  road generally parallel to the beach or to any closer public road
  not parallel to the beach, or to within 1,000 feet of mean high
  tide, whichever is greater, that affects or may affect public
  access to and use of public beaches;
               (7)  the temporary suspension under Section 61.0185 of
  enforcement of the prohibition against encroachments on and
  interferences with the public beach easement and the ability of a
  property owner to make repairs to a house while a suspension is in
               (8)  the determination of the line of vegetation or
  natural line of vegetation;
               (9)  the factors to be considered in determining
  whether a structure, improvement, obstruction, barrier, or hazard
  on the public beach:
                     (A)  constitutes an imminent hazard to safety,
  health, or public welfare; or
                     (B)  substantially interferes with the free and
  unrestricted right of the public to enter or leave the public beach
  or traverse any part of the public beach; [and]
               (10)  the procedures for determining whether a
  structure is not insurable property for purposes of Section
  2210.004, Insurance Code, because of the factors listed in
  Subsection (h) of that section; and
               (11)  the temporary suspension under Section 61.0171 of
  the determination of the "line of vegetation" or the "natural line
  of vegetation."
         SECTION 2.  Section 61.016, Natural Resources Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  The "line of vegetation" is dynamic and may move
  landward due to the forces of erosion. For the purposes of
  determining the public beach easement, if the "line of vegetation"
  is obliterated due to a meteorological event, the landward boundary
  of the area subject to the public easement shall be the line
  established by order under Section 61.0171(a) or as determined by
  the commissioner under Section 61.0171(f).
         SECTION 3.  Section 61.017(a), Natural Resources Code, is
  amended to read as follows:
         (a)  The "line of vegetation" is not affected by the
  occasional sprigs of salt grass on mounds and dunes or seaward from
  them or [and] by artificial fill, the addition or removal of turf,
  beach nourishment projects or artificial placement of dredged or
  fill material, whether conducted by public or private entities, or
  [by] other artificial changes in the natural vegetation of the
         SECTION 4.  Subchapter B, Chapter 61, Natural Resources
  Code, is amended by adding Section 61.0171 to read as follows:
  DETERMINATION.  (a)  The commissioner may, by order, suspend action
  on conducting a line of vegetation determination for a period of up
  to three years from the date the order is issued if the commissioner
  determines that the line of vegetation was obliterated as a result
  of a meteorological event. For the duration of the order, the
  public beach shall extend to a line 200 feet inland from the line of
  mean low tide.
         (b)  An order issued under this section shall be:
               (1)  posted on the land office's Internet website;
               (2)  published by the land office as a miscellaneous
  document in the Texas Register; and
               (3)  filed for record by the land office in the real
  property records of the county in which the area of beach subject to
  the order is located.
         (c)  Issuance of an order under this section is purely within
  the discretion of the commissioner. This section does not create:
               (1)  a duty on the part of the commissioner to issue an
  order related to the line of vegetation; or
               (2)  a private cause of action for:
                     (A)  issuance of an order under this section; or
                     (B)  failure to issue an order under this section.
         (d)  Chapter 2007, Government Code, does not apply to an
  order issued under this section.
         (e)  If the commissioner issues an order under this section,
  a limitations period established by statute, under common law, or
  in equity that may be asserted or claimed in any action under this
  chapter is suspended and does not run against this state, the
  public, or private land owners for the period the order is in
         (f)  Following the expiration of an order issued under this
  section, the commissioner shall make a determination regarding the
  line of vegetation in accordance with Sections 61.016 and 61.017
  and taking into consideration the effect of the meteorological
  event on the location of the public beach easement.
         (g)  The commissioner may consult with the Bureau of Economic
  Geology of The University of Texas at Austin and consider other
  relevant factors when making a determination under Subsection (f)
  regarding the annual erosion rate for the area of beach subject to
  the order issued under this section.
         (h)  The line of vegetation, as determined by the
  commissioner under Subsection (f), shall constitute the landward
  boundary of the area subject to public easement until the line of
  vegetation moves landward due to a subsequent meteorological event,
  erosion, or public use, or until a final court adjudication
  establishes the line in another place.
         SECTION 5.  Section 61.0185(a), Natural Resources Code, is
  amended to read as follows:
         (a)  The commissioner by order may suspend for a period of
  three [two] years from the date the order is issued the submission
  of a request that the attorney general file a suit under Section
  61.018(a) to obtain a temporary or permanent court order or
  injunction, either prohibitory or mandatory, to remove a house from
  a public beach if the commissioner determines that:
               (1)  the line of vegetation establishing the boundary
  of the public beach has moved as a result of a meteorological event;
               (2)  the house was located landward of the natural line
  of vegetation before the meteorological event; and
               (3)  the house does not present an imminent threat to
  public health and safety.
         SECTION 6.  This Act takes effect September 1, 2013.