Texas 2009 - 81st Regular

Texas House Bill HB1445 Compare Versions

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1	1	H.B. No. 1445
2	2
3	3
4	4	AN ACT
5	5	relating to the authority of certain political subdivisions to
6	6	erect or maintain shore protection structures and the location of
7	7	the line of vegetation in relation to those structures.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 61.017, Natural Resources Code, is
10	10	amended by adding Subsections (e) and (f) to read as follows:
11	11	(e) In an area of public beach where a shore protection
12	12	structure constructed as provided by Section 61.022(a)(6)
13	13	interrupts the natural line of vegetation for a distance of at least
14	14	1,000 feet, the line of vegetation is along the seaward side of the
15	15	shore protection structure for the distance marked by that
16	16	structure. A line of vegetation established under this subsection
17	17	is the landward boundary of the public beach and of the public
18	18	easement for all purposes, provided that before or concurrently
19	19	with the construction of the structure:
20	20	(1) a perpetual easement has been granted in favor of
21	21	the public affording pedestrian, noncommercial use along and over
22	22	the entire length of the structure and an adjacent sidewalk by the
23	23	general public; and
24	24	(2) the subdivision that constructed the shore
25	25	protection structure has provided a public parking area of
26	26	sufficient acreage to provide at least one parking space for each 15
27	27	linear feet of the structure, located so that ingress and egress
28	28	ways are not more than one-half mile apart.
29	29	(f) Before a subdivision of this state begins construction
30	30	of a shore protection structure described by Subsection (e), the
31	31	subdivision must conduct and obtain the commissioner's approval of
32	32	a coastal boundary survey under Section 33.136. The state retains
33	33	fee title to all land described by Section 11.012 that is occupied
34	34	by or affected by the placement of the structure.
35	35	SECTION 2. Section 61.022, Natural Resources Code, is
36	36	amended by amending Subsection (a) and adding Subsection (a-1) to
37	37	read as follows:
38	38	(a) The provisions of this subchapter do not prevent any of
39	39	the following governmental entities from erecting or maintaining
40	40	any groin, seawall, barrier, pass, channel, jetty, or other
41	41	structure as an aid to navigation, protection of the shore,
42	42	fishing, safety, or other lawful purpose authorized by the
43	43	constitution or laws of this state or the United States:
44	44	(1) an agency, department, institution, subdivision,
45	45	or instrumentality of the federal government;
46	46	(2) an agency, department, institution, or
47	47	instrumentality of this state;
48	48	(3) a county;
49	49	(4) a municipality; [or]
50	50	(5) a subdivision of this state, other than a county or
51	51	municipality, acting in partnership with the county or municipality
52	52	in which the structure is located; or
53	53	(6) a subdivision of this state, acting with the
54	54	approval of the commissioner, if the structure is a shore
55	55	protection structure that:
56	56	(A) is designed to protect public
57	57	infrastructure, including a state or county highway or bridge;
58	58	(B) is located on land that:
59	59	(i) is state-owned submerged land or was
60	60	acquired for the project by a subdivision of this state; and
61	61	(ii) is located in or adjacent to the mouth
62	62	of a natural inlet from the Gulf of Mexico; and
63	63	(C) extends at least 1,000 feet along the
64	64	shoreline.
65	65	(a-1) In granting approval of a shore protection structure
66	66	under Subsection (a)(6) of this section, the commissioner may
67	67	specify requirements for the design and location of the structure
68	68	or any public parking area required by Section 61.017(e).
69	69	SECTION 3. This Act takes effect immediately if it receives
70	70	a vote of two-thirds of all the members elected to each house, as
71	71	provided by Section 39, Article III, Texas Constitution. If this
72	72	Act does not receive the vote necessary for immediate effect, this
73	73	Act takes effect September 1, 2009.
74	74	______________________________ ______________________________
75	75	President of the Senate Speaker of the House
76	76	I certify that H.B. No. 1445 was passed by the House on April
77	77	21, 2009, by the following vote: Yeas 142, Nays 0, 1 present, not
78	78	voting.
79	79	______________________________
80	80	Chief Clerk of the House
81	81	I certify that H.B. No. 1445 was passed by the Senate on May
82	82	21, 2009, by the following vote: Yeas 31, Nays 0.
83	83	______________________________
84	84	Secretary of the Senate
85	85	APPROVED: _____________________
86	86	Date
87	87	_____________________
88	88	Governor