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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of the boundaries of, and the |
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enforcement of the law governing access to, public beaches. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.011(d), Natural Resources Code, is |
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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, the use |
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on a public beach of a golf cart, as defined by Section 502.001, |
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Transportation Code, for the transportation of a person with a |
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physical disability, and other minimum measures needed to mitigate |
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for any adverse effect on 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; and |
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(11) the temporary suspension under Section 61.0171 of |
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the determination of the "line of vegetation" or the "natural line |
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of vegetation." |
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SECTION 2. Section 61.016, Natural Resources Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) The "line of vegetation" is dynamic and may move |
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landward due to the forces of erosion. For the purposes of |
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determining the public beach easement, if the "line of vegetation" |
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is obliterated due to a meteorological event, the landward boundary |
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of the area subject to the public easement shall be the line |
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established by order under Section 61.0171(a) or as determined by |
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the commissioner under Section 61.0171(f). |
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SECTION 3. Section 61.017(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) The "line of vegetation" is not affected by the |
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occasional sprigs of salt grass on mounds and dunes or seaward from |
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them or [and] by artificial fill, the addition or removal of turf, |
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beach nourishment projects or artificial placement of dredged or |
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fill material, whether conducted by public or private entities, or |
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[by] other artificial changes in the natural vegetation of the |
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area. |
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SECTION 4. 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. TEMPORARY SUSPENSION OF LINE OF VEGETATION |
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DETERMINATION. (a) The commissioner may, by order, suspend action |
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on conducting a line of vegetation determination for a period of up |
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to three years from the date the order is issued if the commissioner |
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determines that the line of vegetation was obliterated as a result |
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of a meteorological event. For the duration of the order, the |
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public beach shall extend to a line 200 feet inland from the line of |
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mean low tide. |
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(b) An order issued under this section shall be: |
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(1) posted on the land office's Internet website; |
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(2) published by the land office as a miscellaneous |
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document in the Texas Register; and |
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(3) filed for record by the land office in the real |
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property records of the county in which the area of beach subject to |
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the order is located. |
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(c) Issuance of an order under this section is purely within |
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the discretion of the commissioner. This section does not create: |
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(1) a duty on the part of the commissioner to issue an |
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order related to the line of vegetation; or |
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(2) a private cause of action for: |
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(A) issuance of an order under this section; or |
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(B) failure to issue an order under this section. |
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(d) Chapter 2007, Government Code, does not apply to an |
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order issued under this section. |
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(e) If the commissioner issues an order under this section, |
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a limitations period established by statute, under common law, or |
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in equity that may be asserted or claimed in any action under this |
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chapter is suspended and does not run against this state, the |
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public, or private land owners for the period the order is in |
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effect. |
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(f) Following the expiration of an order issued under this |
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section, the commissioner shall make a determination regarding the |
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line of vegetation in accordance with Sections 61.016 and 61.017 |
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and taking into consideration the effect of the meteorological |
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event on the location of the public beach easement. |
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(g) The commissioner may consult with the Bureau of Economic |
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Geology of The University of Texas at Austin and consider other |
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relevant factors when making a determination under Subsection (f) |
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regarding the annual erosion rate for the area of beach subject to |
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the order issued under this section. |
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(h) The line of vegetation, as determined by the |
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commissioner under Subsection (f), shall constitute the landward |
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boundary of the area subject to public easement until the line of |
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vegetation moves landward due to a subsequent meteorological event, |
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erosion, or public use, or until a final court adjudication |
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establishes the line in another place. |
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SECTION 5. Section 61.0185(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) The commissioner by order may suspend for a period of |
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three [two] years from the date the order is issued the submission |
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of a request that the attorney general file a suit under Section |
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61.018(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 the commissioner determines that: |
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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) the house does not present an imminent threat to |
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public health and safety. |
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SECTION 6. This Act takes effect September 1, 2013. |