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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. Section 61.020, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 61.020. BURDEN OF PROOF [PRIMA FACIE EVIDENCE]. [(a)] |
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In a suit or administrative proceeding brought or defended under |
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this subchapter or whose determination is affected by this |
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subchapter pertaining to[, a showing that the area in question is |
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located in] the area from mean low tide to the line of vegetation, |
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the burden of proof is on the party seeking to establish [is prima |
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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; or [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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SECTION 2. The change in law made by this Act applies only |
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to a suit or administrative proceeding filed on or after the |
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effective date of this Act. A suit or administrative proceeding |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the suit or proceeding was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |