Bill Text: TX HB4172 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the burden of proof in a suit or administrative proceeding to establish that an area is subject to the public beach easement.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-05-14 - Referred to Natural Resources & Economic Development [HB4172 Detail]
Download: Texas-2021-HB4172-Introduced.html
87R7830 ANG-D | ||
By: Middleton | H.B. No. 4172 |
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relating to the burden of proof in a suit or administrative | ||
proceeding to establish that an area is subject to the public beach | ||
easement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 61.020, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 61.020. BURDEN OF PROOF [ |
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In a suit or administrative proceeding brought or defended under | ||
this subchapter or whose determination is affected by this | ||
subchapter pertaining to[ |
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the burden of proof is on the party seeking to establish [ |
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(1) the title of the littoral owner does not include | ||
the right to prevent the public from using the area for ingress and | ||
egress to the sea; or [ |
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(2) there is imposed on the area a common law right or | ||
easement in favor of the public for ingress and egress to the sea. | ||
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SECTION 2. The change in law made by this Act applies only | ||
to a suit or administrative proceeding filed on or after the | ||
effective date of this Act. A suit or administrative proceeding | ||
filed before the effective date of this Act is governed by the law | ||
in effect on the date the suit or proceeding was filed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2021. |