83R10625 JXC-D
 
  By: Taylor S.B. No. 1560
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to easements used for dune construction and maintenance
  projects.
         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 project to construct and
  maintain a vegetated stabilized dune on a beach for protection
  against avulsive events.
         (b)  A person who owns property that borders a line of
  vegetation establishing the boundary of a public beach may grant an
  easement on 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.
         (c)  A person may not grant an easement under Subsection (b)
  unless the person simultaneously grants to the public a
  recreational easement on the portion of the person's property
  seaward of the seaward boundary of the easement granted under that
  subsection.
         (d)  An agreement between a person who grants an easement
  under Subsection (b) and this state, a county, or a municipality may
  provide that the seaward boundary of the easement may be affected by
  gradual changes in the line of vegetation but not by changes caused
  by an avulsive event.
         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.