83R10625 JXC-D
By: Taylor S.B. No. 1560
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 project to construct and
maintain a vegetated stabilized dune on a beach for protection
against avulsive events.
(b) A person who owns property that borders a line of
vegetation establishing the boundary of a public beach may grant an
easement on 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 may not grant an easement under Subsection (b)
unless the person simultaneously grants to the public a
recreational easement on the portion of the person's property
seaward of the seaward boundary of the easement granted under that
subsection.
(d) An agreement between a person who grants an easement
under Subsection (b) and this state, a county, or a municipality may
provide that the seaward boundary of the easement may be affected by
gradual changes in the line of vegetation but not by changes caused
by an avulsive event.
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.