H.B. No. 1445
AN ACT
relating to the authority of certain political subdivisions to
erect or maintain shore protection structures and the location of
the line of vegetation in relation to those structures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.017, Natural Resources Code, is
amended by adding Subsections (e) and (f) to read as follows:
(e) In an area of public beach where a shore protection
structure constructed as provided by Section 61.022(a)(6)
interrupts the natural line of vegetation for a distance of at least
1,000 feet, the line of vegetation is along the seaward side of the
shore protection structure for the distance marked by that
structure. A line of vegetation established under this subsection
is the landward boundary of the public beach and of the public
easement for all purposes, provided that before or concurrently
with the construction of the structure:
(1) a perpetual easement has been granted in favor of
the public affording pedestrian, noncommercial use along and over
the entire length of the structure and an adjacent sidewalk by the
general public; and
(2) the subdivision that constructed the shore
protection structure has provided a public parking area of
sufficient acreage to provide at least one parking space for each 15
linear feet of the structure, located so that ingress and egress
ways are not more than one-half mile apart.
(f) Before a subdivision of this state begins construction
of a shore protection structure described by Subsection (e), the
subdivision must conduct and obtain the commissioner's approval of
a coastal boundary survey under Section 33.136. The state retains
fee title to all land described by Section 11.012 that is occupied
by or affected by the placement of the structure.
SECTION 2. Section 61.022, Natural Resources Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) The provisions of this subchapter do not prevent any of
the following governmental entities from erecting or maintaining
any groin, seawall, barrier, pass, channel, jetty, or other
structure as an aid to navigation, protection of the shore,
fishing, safety, or other lawful purpose authorized by the
constitution or laws of this state or the United States:
(1) an agency, department, institution, subdivision,
or instrumentality of the federal government;
(2) an agency, department, institution, or
instrumentality of this state;
(3) a county;
(4) a municipality; [or]
(5) a subdivision of this state, other than a county or
municipality, acting in partnership with the county or municipality
in which the structure is located; or
(6) a subdivision of this state, acting with the
approval of the commissioner, if the structure is a shore
protection structure that:
(A) is designed to protect public
infrastructure, including a state or county highway or bridge;
(B) is located on land that:
(i) is state-owned submerged land or was
acquired for the project by a subdivision of this state; and
(ii) is located in or adjacent to the mouth
of a natural inlet from the Gulf of Mexico; and
(C) extends at least 1,000 feet along the
shoreline.
(a-1) In granting approval of a shore protection structure
under Subsection (a)(6) of this section, the commissioner may
specify requirements for the design and location of the structure
or any public parking area required by Section 61.017(e).
SECTION 3. 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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1445 was passed by the House on April
21, 2009, by the following vote: Yeas 142, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1445 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor