Bill Text: TX SB434 | 2023-2024 | 88th 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: (Introduced - Dead) 2023-02-15 - Referred to Natural Resources & Economic Development [SB434 Detail]

Download: Texas-2023-SB434-Introduced.html
  88R145 ANG-D
 
  By: Middleton S.B. No. 434
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [PRIMA FACIE EVIDENCE]. [(a)]
  In a suit or administrative proceeding brought or defended under
  this subchapter or whose determination is affected by this
  subchapter pertaining to[, a showing that the area in question is
  located in] the area from mean low tide to the line of vegetation,
  the burden of proof is on the party seeking to establish [is prima
  facie evidence] that:
               (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 [and]
               (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.
         [(b)  The determination of the location of the line of
  vegetation by the commissioner as provided by Sections 61.016 and
  61.017 constitutes prima facie evidence of the landward boundary of
  the area subject to the public easement until a court adjudication
  establishes the line in another place.]
         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, 2023.
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