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A BILL TO BE ENTITLED
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AN ACT
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relating to the burden of proof in a suit or administrative |
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proceeding to establish that an area is subject to the public beach |
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easement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sec. 61.0171, Natural Resources Code, is amended |
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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] line of vegetation shall [extend to] be [located ]a |
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line 200 feet inland from the line of mean low tide as established |
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by a licensed state land surveyor. |
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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; and |
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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] may make a determination |
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regarding the line of vegetation in accordance with Sections 61.016 |
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and 61.017[ and taking into consideration the effect of the |
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meteorological 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 or a licensed state |
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land surveyor and consider other relevant factors when making a |
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determination under Subsection (f) regarding the annual erosion |
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rate for the area of beach subject to the order issued under this |
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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 2. Sec. 61.020, Natural Resources Code, is amended |
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to read as follows: |
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Sec. 61.020. PRIMA FACIE EVIDENCE. (a) In a suit or |
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administrative proceeding brought or defended under this |
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subchapter or whose determination is affected by this subchapter, a |
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showing that the area in question is located in the area from mean |
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low tide to the line of vegetation is prima facie evidence that: |
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(1) the title of the littoral owner does not include |
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the right to prevent the public from using the area for ingress and |
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egress to the sea; and |
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(2) there is imposed on the area a common law right or |
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easement in favor of the public for ingress and egress to the sea. |
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(b) The determination of the location of the line of |
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vegetation by the commissioner as provided by Sections 61.016 and |
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61.017 constitutes prima facie evidence of the landward boundary of |
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the area subject to the public easement until a court adjudication |
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establishes the line in another place. |
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(c) The determination of the location of the line of |
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vegetation by the commissioner as provided by Section 61.0171 does |
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not constitute prima facie evidence of the landward boundary of the |
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area subject to the public easement. |
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SECTION 3. This Act takes effect September 1, 2023. |