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A BILL TO BE ENTITLED
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AN ACT
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relating to easements used for dune construction and maintenance |
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projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 63, Natural Resources |
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Code, is amended by adding Section 63.004 to read as follows: |
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Sec. 63.004. DUNE PROJECT EASEMENT. (a) For the purposes of |
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this section, "dune project" means a project to construct and |
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maintain a vegetated stabilized dune on a beach for protection |
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against avulsive events. |
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(b) A person who owns property that borders a line of |
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vegetation establishing the boundary of a public beach may grant an |
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easement on the property to this state, a county, or a municipality |
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for the purpose of allowing the governmental entity to construct |
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and maintain a dune project in the easement. |
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(c) A person may not grant an easement under Subsection (b) |
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unless the person simultaneously grants to the public a |
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recreational easement on the portion of the person's property |
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seaward of the seaward boundary of the easement granted under that |
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subsection. |
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(d) An agreement between a person who grants an easement |
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under Subsection (b) and this state, a county, or a municipality may |
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provide that the seaward boundary of the easement may be affected by |
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gradual changes in the line of vegetation but not by changes caused |
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by an avulsive event. |
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SECTION 2. The change in law made by this Act applies only |
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to an easement granted on or after the effective date of this Act. |
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An easement granted before the effective date of this Act is |
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governed by the law in effect on the date the easement was granted, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |