By: Taylor S.B. No. 1560
 
  (Eiland)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to easements used for dune construction and maintenance
  projects in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 63, Natural Resources
  Code, is amended by adding Section 63.004 to read as follows:
         Sec. 63.004.  DUNE PROJECT EASEMENT. (a)  For the purposes
  of this section, "dune project" means a state, county, or municipal
  project to construct and maintain a vegetated stabilized dune on a
  beach for protection against avulsive and meteorological events.
         (b)  This section applies only to property in a county:
               (1)  that contains a barrier island and a peninsula;
               (2)  with a population of more than 50,000 and less than
  350,000; and
               (3)  that borders:
                     (A)  the Gulf of Mexico; and
                     (B)  a county with a population of more than four
  million.
         (c)  A person who owns property that borders the line of mean
  high tide or mean higher high tide, as applicable, that establishes
  the boundary of state-owned submerged land may grant an easement on
  the property or a portion of 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.
         (d)  A person who grants a dune project easement under
  Subsection (c) must include with the easement a survey locating:
               (1)  the line of mean high tide or mean higher high
  tide, as applicable;
               (2)  the seaward and landward boundaries of the dune
  project; and
               (3)  each state, county, or municipal easement on the
  property that is the subject of the dune project easement that was
  recorded before the granting of the dune project easement.
         (e)  The granting of a dune project easement under Subsection
  (c) does not:
               (1)  create a burden on or right of access to the
  grantor's property that is not specifically provided for in the
  easement; or
               (2)  restrict the grantor's right to use the beach or
  the land subject to the easement, provided that the grantor's use of
  the beach or the land subject to the easement does not:
                     (A)  unreasonably interfere with public
  recreational use of land subject to an easement for recreational
  use or construction or maintenance of a dune project in the dune
  project easement; or
                     (B)  violate a state, county, or municipal law.
         (f)  The terms of a dune project easement granted under
  Subsection (c) may not reduce the area of a public beach but may
  provide that the seaward boundary of the easement may be affected by
  gradual or avulsive changes in the line of mean high tide or mean
  higher high tide, as applicable.
         (g)  A dune project easement granted under Subsection (c)
  automatically terminates if the governmental entity granted the
  easement:
               (1)  does not commence construction of a dune project
  in the easement within a reasonable period of time or fails to
  maintain the dune project after completion of the project; or
               (2)  does not substantially repair or replace a
  completed dune project after the project is damaged or destroyed by
  an avulsive or meteorological event.
         (h)  A person may not grant a dune project easement under
  Subsection (c) unless the person dedicates a portion of the
  easement to the public for use as a recreational easement.  The
  recreational easement must border the boundary of the public beach.  
  The recreational easement must authorize users of the easement to
  conduct recreational activities traditionally associated with
  enjoying gulf beaches on the easement that comply with state,
  county, and municipal laws, including fishing, boat launching,
  picnicking, hiking, running, studying nature, bird-watching,
  engaging in water sports, bicycling, and dog walking.
         (i)  A person who grants a recreational easement under
  Subsection (h) does not by granting the easement:
               (1)  assure the public that the premises are safe for
  recreational purposes;
               (2)  have a duty to the public to exercise a greater
  degree of care than the grantor would owe to a trespasser on the
  property; or
               (3)  assume responsibility or incur liability for an
  injury to a public user of the easement caused by an act of another
  public user of the easement.
         (j)  Subsection (i) does not limit the liability of a person
  who grants a recreational easement and has been grossly negligent
  or has acted with malicious intent or in bad faith.
         (k)  A recreational easement granted under Subsection (h)
  automatically terminates if the associated dune project easement
  terminates.
         (l)  A governmental entity that is granted an easement under
  this section shall execute a recordable release of the easement and
  deliver the release to the owner of the property on which the
  easement is located if the easement is terminated.  The
  governmental entity is not required to remove the dune project if
  the easement is terminated.
         SECTION 2.  The change in law made by this Act applies only
  to an easement granted on or after the effective date of this Act.  
  An easement granted before the effective date of this Act is
  governed by the law in effect on the date the easement was granted,
  and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.