Bill Text: TX HB3263 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the determination of the boundaries of, and the enforcement of the law governing access to, public beaches.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-19 - Referred to Natural Resources [HB3263 Detail]
Download: Texas-2021-HB3263-Introduced.html
By: Middleton | H.B. No. 3263 |
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relating to the determination of the boundaries of, and the | ||
enforcement of the law governing access to, public beaches. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 61.016, Natural Resources Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) The "line of vegetation" is dynamic and may move | ||
landward or seaward due to the forces of erosion or natural | ||
accretion. For the purposes of determining the public beach | ||
easement, if the state has acquired a public easement, and if the | ||
"line of vegetation" is obliterated due to a meteorological event, | ||
the landward boundary of the area subject to the public easement | ||
shall be the line established by order under Section 61.0171(a) [ |
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SECTION 2. Section 61.017(a), Natural Resources Code, is | ||
amended to read as follows: | ||
(a) The "line of vegetation" is not affected by the | ||
occasional sprigs of salt grass on mounds and dunes or seaward from | ||
them or by artificial fill, the addition or removal of turf, [ |
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other artificial changes in the natural vegetation of the area. | ||
SECTION 3. Section 61.0171, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 61.0171. TEMPORARY SUSPENSION OF LINE OF VEGETATION | ||
DETERMINATION. (a) The commissioner shall [ |
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suspend action on conducting a line of vegetation determination for | ||
a period of up to three years from the date the order is issued if | ||
the commissioner determines that the line of vegetation was | ||
obliterated as a result of a meteorological event. For the duration | ||
of the order, the public beach easement shall extend to a line 200 | ||
feet inland from the line of mean low tide as established by a | ||
licensed state land surveyor or as determined by law, whichever is | ||
further seaward. | ||
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(b) [ |
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an order under this section, a limitations period established by | ||
statute, under common law, or in equity that may be asserted or | ||
claimed in any action under this chapter is suspended and does not | ||
run against this state, the public, or private land owners for the | ||
period the order is in effect. | ||
(c) [ |
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this section, the commissioner shall make a determination regarding | ||
the line of vegetation in accordance with Sections 61.016 [ |
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SECTION 4. 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 storm surge protection against meteorological events and | ||
other events causing avulsion. | ||
(b) A person who owns property that borders the line of mean | ||
high tide or mean higher 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. | ||
(c) A person who grants a dune project easement under | ||
Subsection (b) 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. | ||
(d) The granting of a dune project easement under Subsection | ||
(b) 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. | ||
(e) The terms of a dune project easement granted under | ||
Subsection (b) may provide that the seaward boundary of the | ||
easement may be affected by gradual changes or avulsion in the line | ||
of mean high tide or mean higher high tide, as applicable. | ||
(f) A dune project easement granted under Subsection (b) | ||
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, not to exceed | ||
six months, or fails to maintain the dune project after completion | ||
of the project; or | ||
(2) does not substantially repair or replace a | ||
completed dune project within twenty-four months after the project | ||
is damaged or destroyed by meteorological events and other events | ||
causing avulsion. | ||
(g) A person may not grant a dune project easement under | ||
Subsection (b) 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. | ||
(h) A person who grants a recreational easement under | ||
Subsection (g) 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. | ||
(i) Subsection (h) 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 bad faith. | ||
(j) A recreational easement granted under Subsection (g) | ||
automatically terminates if the associated dune project easement | ||
terminates. | ||
(k) 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. | ||
(l) A dune project under this section is not subject to the | ||
provisions of Section 61.011(d) with respect to determination of | ||
the line of vegetation or natural line of vegetation for the | ||
duration of the dune project. | ||
SECTION 5. 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 6. 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, 2021. |