Texas 2013 - 83rd Regular

Texas Senate Bill SB1560 Compare Versions

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1	1	By: Taylor S.B. No. 1560
2	2	(Eiland)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to easements used for dune construction and maintenance
8	8	projects in certain counties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 63, Natural Resources
11	11	Code, is amended by adding Section 63.004 to read as follows:
12	12	Sec. 63.004. DUNE PROJECT EASEMENT. (a) For the purposes
13	13	of this section, "dune project" means a state, county, or municipal
14	14	project to construct and maintain a vegetated stabilized dune on a
15	15	beach for protection against avulsive and meteorological events.
16	16	(b) This section applies only to property in a county:
17	17	(1) that contains a barrier island and a peninsula;
18	18	(2) with a population of more than 50,000 and less than
19	19	350,000; and
20	20	(3) that borders:
21	21	(A) the Gulf of Mexico; and
22	22	(B) a county with a population of more than four
23	23	million.
24	24	(c) A person who owns property that borders the line of mean
25	25	high tide or mean higher high tide, as applicable, that establishes
26	26	the boundary of state-owned submerged land may grant an easement on
27	27	the property or a portion of the property to this state, a county,
28	28	or a municipality for the purpose of allowing the governmental
29	29	entity to construct and maintain a dune project in the easement.
30	30	(d) A person who grants a dune project easement under
31	31	Subsection (c) must include with the easement a survey locating:
32	32	(1) the line of mean high tide or mean higher high
33	33	tide, as applicable;
34	34	(2) the seaward and landward boundaries of the dune
35	35	project; and
36	36	(3) each state, county, or municipal easement on the
37	37	property that is the subject of the dune project easement that was
38	38	recorded before the granting of the dune project easement.
39	39	(e) The granting of a dune project easement under Subsection
40	40	(c) does not:
41	41	(1) create a burden on or right of access to the
42	42	grantor's property that is not specifically provided for in the
43	43	easement; or
44	44	(2) restrict the grantor's right to use the beach or
45	45	the land subject to the easement, provided that the grantor's use of
46	46	the beach or the land subject to the easement does not:
47	47	(A) unreasonably interfere with public
48	48	recreational use of land subject to an easement for recreational
49	49	use or construction or maintenance of a dune project in the dune
50	50	project easement; or
51	51	(B) violate a state, county, or municipal law.
52	52	(f) The terms of a dune project easement granted under
53	53	Subsection (c) may not reduce the area of a public beach but may
54	54	provide that the seaward boundary of the easement may be affected by
55	55	gradual or avulsive changes in the line of mean high tide or mean
56	56	higher high tide, as applicable.
57	57	(g) A dune project easement granted under Subsection (c)
58	58	automatically terminates if the governmental entity granted the
59	59	easement:
60	60	(1) does not commence construction of a dune project
61	61	in the easement within a reasonable period of time or fails to
62	62	maintain the dune project after completion of the project; or
63	63	(2) does not substantially repair or replace a
64	64	completed dune project after the project is damaged or destroyed by
65	65	an avulsive or meteorological event.
66	66	(h) A person may not grant a dune project easement under
67	67	Subsection (c) unless the person dedicates a portion of the
68	68	easement to the public for use as a recreational easement. The
69	69	recreational easement must border the boundary of the public beach.
70	70	The recreational easement must authorize users of the easement to
71	71	conduct recreational activities traditionally associated with
72	72	enjoying gulf beaches on the easement that comply with state,
73	73	county, and municipal laws, including fishing, boat launching,
74	74	picnicking, hiking, running, studying nature, bird-watching,
75	75	engaging in water sports, bicycling, and dog walking.
76	76	(i) A person who grants a recreational easement under
77	77	Subsection (h) does not by granting the easement:
78	78	(1) assure the public that the premises are safe for
79	79	recreational purposes;
80	80	(2) have a duty to the public to exercise a greater
81	81	degree of care than the grantor would owe to a trespasser on the
82	82	property; or
83	83	(3) assume responsibility or incur liability for an
84	84	injury to a public user of the easement caused by an act of another
85	85	public user of the easement.
86	86	(j) Subsection (i) does not limit the liability of a person
87	87	who grants a recreational easement and has been grossly negligent
88	88	or has acted with malicious intent or in bad faith.
89	89	(k) A recreational easement granted under Subsection (h)
90	90	automatically terminates if the associated dune project easement
91	91	terminates.
92	92	(l) A governmental entity that is granted an easement under
93	93	this section shall execute a recordable release of the easement and
94	94	deliver the release to the owner of the property on which the
95	95	easement is located if the easement is terminated. The
96	96	governmental entity is not required to remove the dune project if
97	97	the easement is terminated.
98	98	SECTION 2. The change in law made by this Act applies only
99	99	to an easement granted on or after the effective date of this Act.
100	100	An easement granted before the effective date of this Act is
101	101	governed by the law in effect on the date the easement was granted,
102	102	and the former law is continued in effect for that purpose.
103	103	SECTION 3. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2013.