83R10626 JXC-D
By: Lucio III H.B. No. 3131
A BILL TO BE ENTITLED
AN ACT
relating to the line of vegetation and authorized development in
certain beach areas; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 61, Natural Resources
Code, is amended by adding Section 61.0171 to read as follows:
Sec. 61.0171. LINE OF VEGETATION AND AUTHORIZED DEVELOPMENT
IN CERTAIN AREAS. (a) This section applies only to a beach area:
(1) that is north of a municipality located on a
barrier island bordering the Gulf of Mexico; and
(2) for which the political subdivision with
jurisdiction over the beach area maintains a plan for reducing
public expenditures for erosion and storm damage losses under
Section 33.607 that includes dune restoration measures and plans
for the construction or maintenance of a mostly continuous foredune
ridge that meets dune restoration standards approved by the
commission.
(b) The line of vegetation in a beach area is 200 feet
landward of the line of mean low tide if the beach is bordered by a
state park road:
(1) that extends at least five miles north of a
municipality;
(2) the right-of-way for which extends at least 100
feet in each direction from the center of the road; and
(3) that is located within 1,000 feet of the line of
mean low tide.
(c) A line of vegetation in a beach area established under
this section is the landward boundary of the public beach and of the
public easement for all purposes, except that the landward boundary
of the beach is subject to rules of the commissioner regarding the
restoration of dunes in the public beach easement.
(d) A person may construct or maintain a retaining wall on a
beach area 255 feet landward of the line of mean low tide if the
political subdivision with jurisdiction over the beach area
maintains a certified dune protection and beach access and use plan
that provides for the payment by an owner or developer of a
retaining wall to pay a nonrefundable fee, the revenue from which is
to be deposited in a separate dedicated account in the political
subdivision's treasury, in an amount approved by the commissioner
and sufficient to cover the cost of removing the wall if the
commissioner determines that the wall impedes public use of and
access to the public beach.
(e) Subsection (d) does not authorize a person to construct
a seawall.
(f) A person may use brick and concrete pavers on a pool
deck, sidewalk, patio, driveway, or access drive project bordering
a beach area if the political subdivision with jurisdiction over
the beach area maintains a certified dune protection and beach
access and use plan that provides for the payment by an owner or
developer of such a project to pay a nonrefundable fee, the revenue
from which is to be deposited in a separate dedicated account in the
political subdivision's treasury, in an amount approved by the
commissioner and sufficient to cover the cost of removing the
project if the commissioner determines that the project impedes
public use of and access to the public beach.
(g) A person may construct or maintain a swimming pool of a
reasonable size relative to the number of people the person expects
to use the pool landward of a retaining wall constructed or
maintained under Subsection (d) if the political subdivision with
jurisdiction over the beach area maintains a certified dune
protection and beach access and use plan that provides for the
payment by an owner or developer of a pool to pay a nonrefundable
fee, the revenue from which is to be deposited in a separate
dedicated account in the political subdivision's treasury, in an
amount approved by the commissioner and sufficient to cover the
cost of removing the pool if the commissioner determines that the
pool impedes public use of and access to the public beach.
SECTION 2. This Act takes effect September 1, 2013.