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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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) [or
  as determined by the commissioner under Section 61.0171(f)].
         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, [beach
  nourishment projects or artificial placement of dredged or fill
  material, whether conducted by public or private entities,] or
  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 [may], by order,
  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.
         [(b)  An order issued under this section shall be:
               (1)  posted on the land office's Internet website;
               (2)  published by the land office as a miscellaneous
  document in the Texas Register; and
               (3)  filed for record by the land office in the real
  property records of the county in which the area of beach subject to
  the order is located.
         (c)  Issuance of an order under this section is purely within
  the discretion of the commissioner. This section does not create:
               (1)  a duty on the part of the commissioner to issue an
  order related to the line of vegetation; or
               (2)  a private cause of action for:
                     (A)  issuance of an order under this section; or
                     (B)  failure to issue an order under this section.
         (d)  Chapter 2007, Government Code, does not apply to an
  order issued under this section.]
         (b) [(e)]  Upon the issuance of [If the commissioner issues]
  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) [(f)]  Following the expiration of an order issued under
  this section, the commissioner shall make a determination regarding
  the line of vegetation in accordance with Sections 61.016 [and
  61.017 and taking into consideration the effect of the
  meteorological event on the location of the public beach easement.
         (g)  The commissioner may consult with the Bureau of Economic
  Geology of The University of Texas at Austin or a licensed state
  land surveyor and consider other relevant factors when making a
  determination under Subsection (f) regarding the annual erosion
  rate for the area of beach subject to the order issued under this
  section.
         (h)  The line of vegetation, as determined by the
  commissioner under Subsection (f), shall constitute the landward
  boundary of the area subject to public easement until the line of
  vegetation moves landward due to a subsequent meteorological event,
  erosion, or public use, or until a final court adjudication
  establishes the line in another place.]
         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.
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