By: Taylor S.B. No. 1560
(In the Senate - Filed March 8, 2013; March 19, 2013, read
first time and referred to Committee on Natural Resources;
May 2, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; May 2, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1560 By: Hegar
A BILL TO BE ENTITLED
AN ACT
relating to easements used for dune construction and maintenance
projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 63, Natural Resources
Code, is amended by adding Section 63.004 to read as follows:
Sec. 63.004. DUNE PROJECT EASEMENT. (a) For the purposes
of this section, "dune project" means a state, county, or municipal
project to construct and maintain a vegetated stabilized dune on a
beach for protection against avulsive and meteorological events.
(b) A person who owns property that borders the line of mean
high tide or mean higher high tide, as applicable, that establishes
the boundary of state-owned submerged land may grant an easement on
the property or a portion of the property to this state, a county,
or a municipality for the purpose of allowing the governmental
entity to construct and maintain a dune project in the easement.
(c) A person who grants a dune project easement under
Subsection (b) must include with the easement a survey locating:
(1) the line of mean high tide or mean higher high
tide, as applicable;
(2) the seaward and landward boundaries of the dune
project; and
(3) each state, county, or municipal easement on the
property that is the subject of the dune project easement that was
recorded before the granting of the dune project easement.
(d) The granting of a dune project easement under Subsection
(b) does not:
(1) create a burden on or right of access to the
grantor's property that is not specifically provided for in the
easement; or
(2) restrict the grantor's right to use the beach or
the land subject to the easement, provided that the grantor's use of
the beach or the land subject to the easement does not:
(A) unreasonably interfere with public
recreational use of land subject to an easement for recreational
use or construction or maintenance of a dune project in the dune
project easement; or
(B) violate a state, county, or municipal law.
(e) The terms of a dune project easement granted under
Subsection (b) may provide that the seaward boundary of the
easement may be affected by gradual or avulsive changes in the line
of mean high tide or mean higher high tide, as applicable.
(f) A dune project easement granted under Subsection (b)
automatically terminates if the governmental entity granted the
easement:
(1) does not commence construction of a dune project
in the easement within a reasonable period of time or fails to
maintain the dune project after completion of the project; or
(2) does not substantially repair or replace a
completed dune project after the project is damaged or destroyed by
an avulsive or meteorological event.
(g) A person may not grant a dune project easement under
Subsection (b) unless the person dedicates a portion of the
easement to the public for use as a recreational easement. The
recreational easement must border the boundary of the public beach.
The recreational easement must authorize users of the easement to
conduct recreational activities traditionally associated with
enjoying gulf beaches on the easement that comply with state,
county, and municipal laws, including fishing, boat launching,
picnicking, hiking, running, studying nature, bird-watching,
engaging in water sports, bicycling, and dog walking.
(h) A person who grants a recreational easement under
Subsection (g) does not by granting the easement:
(1) assure the public that the premises are safe for
recreational purposes;
(2) have a duty to the public to exercise a greater
degree of care than the grantor would owe to a trespasser on the
property; or
(3) assume responsibility or incur liability for an
injury to a public user of the easement caused by an act of another
public user of the easement.
(i) Subsection (h) does not limit the liability of a person
who grants a recreational easement and has been grossly negligent
or has acted with malicious intent or in bad faith.
(j) A recreational easement granted under Subsection (g)
automatically terminates if the associated dune project easement
terminates.
(k) A governmental entity that is granted an easement under
this section shall execute a recordable release of the easement and
deliver the release to the owner of the property on which the
easement is located if the easement is terminated. The
governmental entity is not required to remove the dune project if
the easement is terminated.
SECTION 2. The change in law made by this Act applies only
to an easement granted on or after the effective date of this Act.
An easement granted before the effective date of this Act is
governed by the law in effect on the date the easement was granted,
and the former law is continued in effect for that purpose.
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, 2013.
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