Texas 2021 - 87th Regular

Texas House Bill HB3263 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Middleton H.B. No. 3263
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the determination of the boundaries of, and the
7	7	enforcement of the law governing access to, public beaches.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 61.016, Natural Resources Code, is
10	10	amended by adding Subsection (d) to read as follows:
11	11	(d) The "line of vegetation" is dynamic and may move
12	12	landward or seaward due to the forces of erosion or natural
13	13	accretion. For the purposes of determining the public beach
14	14	easement, if the state has acquired a public easement, and if the
15	15	"line of vegetation" is obliterated due to a meteorological event,
16	16	the landward boundary of the area subject to the public easement
17	17	shall be the line established by order under Section 61.0171(a) [or
18	18	as determined by the commissioner under Section 61.0171(f)].
19	19	SECTION 2. Section 61.017(a), Natural Resources Code, is
20	20	amended to read as follows:
21	21	(a) The "line of vegetation" is not affected by the
22	22	occasional sprigs of salt grass on mounds and dunes or seaward from
23	23	them or by artificial fill, the addition or removal of turf, [beach
24	24	nourishment projects or artificial placement of dredged or fill
25	25	material, whether conducted by public or private entities,] or
26	26	other artificial changes in the natural vegetation of the area.
27	27	SECTION 3. Section 61.0171, Natural Resources Code, is
28	28	amended to read as follows:
29	29	Sec. 61.0171. TEMPORARY SUSPENSION OF LINE OF VEGETATION
30	30	DETERMINATION. (a) The commissioner shall [may], by order,
31	31	suspend action on conducting a line of vegetation determination for
32	32	a period of up to three years from the date the order is issued if
33	33	the commissioner determines that the line of vegetation was
34	34	obliterated as a result of a meteorological event. For the duration
35	35	of the order, the public beach easement shall extend to a line 200
36	36	feet inland from the line of mean low tide as established by a
37	37	licensed state land surveyor or as determined by law, whichever is
38	38	further seaward.
39	39	[(b) An order issued under this section shall be:
40	40	(1) posted on the land office's Internet website;
41	41	(2) published by the land office as a miscellaneous
42	42	document in the Texas Register; and
43	43	(3) filed for record by the land office in the real
44	44	property records of the county in which the area of beach subject to
45	45	the order is located.
46	46	(c) Issuance of an order under this section is purely within
47	47	the discretion of the commissioner. This section does not create:
48	48	(1) a duty on the part of the commissioner to issue an
49	49	order related to the line of vegetation; or
50	50	(2) a private cause of action for:
51	51	(A) issuance of an order under this section; or
52	52	(B) failure to issue an order under this section.
53	53	(d) Chapter 2007, Government Code, does not apply to an
54	54	order issued under this section.]
55	55	(b) [(e)] Upon the issuance of [If the commissioner issues]
56	56	an order under this section, a limitations period established by
57	57	statute, under common law, or in equity that may be asserted or
58	58	claimed in any action under this chapter is suspended and does not
59	59	run against this state, the public, or private land owners for the
60	60	period the order is in effect.
61	61	(c) [(f)] Following the expiration of an order issued under
62	62	this section, the commissioner shall make a determination regarding
63	63	the line of vegetation in accordance with Sections 61.016 [and
64	64	61.017 and taking into consideration the effect of the
65	65	meteorological event on the location of the public beach easement.
66	66	(g) The commissioner may consult with the Bureau of Economic
67	67	Geology of The University of Texas at Austin or a licensed state
68	68	land surveyor and consider other relevant factors when making a
69	69	determination under Subsection (f) regarding the annual erosion
70	70	rate for the area of beach subject to the order issued under this
71	71	section.
72	72	(h) The line of vegetation, as determined by the
73	73	commissioner under Subsection (f), shall constitute the landward
74	74	boundary of the area subject to public easement until the line of
75	75	vegetation moves landward due to a subsequent meteorological event,
76	76	erosion, or public use, or until a final court adjudication
77	77	establishes the line in another place.]
78	78	SECTION 4. Subchapter A, Chapter 63, Natural Resources
79	79	Code, is amended by adding Section 63.004 to read as follows:
80	80	Sec. 63.004 DUNE PROJECT EASEMENT. (a) For the purposes of
81	81	this section, "dune project" means a state, county, or municipal
82	82	project to construct and maintain a vegetated stabilized dune on a
83	83	beach for storm surge protection against meteorological events and
84	84	other events causing avulsion.
85	85	(b) A person who owns property that borders the line of mean
86	86	high tide or mean higher tide, as applicable, that establishes the
87	87	boundary of state-owned submerged land may grant an easement on the
88	88	property or a portion of the property to this state, a county, or a
89	89	municipality for the purpose of allowing the governmental entity to
90	90	construct and maintain a dune project in the easement.
91	91	(c) A person who grants a dune project easement under
92	92	Subsection (b) must include with the easement a survey locating:
93	93	(1) the line of mean high tide or mean higher high
94	94	tide, as applicable;
95	95	(2) the seaward and landward boundaries of the dune
96	96	project; and
97	97	(3) each state, county, or municipal easement on the
98	98	property that is the subject of the dune project easement that was
99	99	recorded before the granting of the dune project easement.
100	100	(d) The granting of a dune project easement under Subsection
101	101	(b) does not:
102	102	(1) create a burden on or right of access to the
103	103	grantor's property that is not specifically provided for in the
104	104	easement; or
105	105	(2) restrict the grantor's right to use the beach or
106	106	the land subject to the easement, provided that the grantor's use of
107	107	the beach or the land subject to the easement does not:
108	108	(A) unreasonably interfere with public
109	109	recreational use of land subject to an easement for recreational
110	110	use or construction or maintenance of a dune project in the dune
111	111	project easement; or
112	112	(B) violate a state, county, or municipal law.
113	113	(e) The terms of a dune project easement granted under
114	114	Subsection (b) may provide that the seaward boundary of the
115	115	easement may be affected by gradual changes or avulsion in the line
116	116	of mean high tide or mean higher high tide, as applicable.
117	117	(f) A dune project easement granted under Subsection (b)
118	118	automatically terminates if the governmental entity granted the
119	119	easement:
120	120	(1) does not commence construction of a dune project
121	121	in the easement within a reasonable period of time, not to exceed
122	122	six months, or fails to maintain the dune project after completion
123	123	of the project; or
124	124	(2) does not substantially repair or replace a
125	125	completed dune project within twenty-four months after the project
126	126	is damaged or destroyed by meteorological events and other events
127	127	causing avulsion.
128	128	(g) A person may not grant a dune project easement under
129	129	Subsection (b) unless the person dedicates a portion of the
130	130	easement to the public for use as a recreational easement. The
131	131	recreational easement must border the boundary of the public beach.
132	132	The recreational easement must authorize users of the easement to
133	133	conduct recreational activities traditionally associated with
134	134	enjoying gulf beaches on the easement that comply with state,
135	135	county, and municipal laws, including fishing, boat launching,
136	136	picnicking, hiking, running, studying nature, bird-watching,
137	137	engaging in water sports, bicycling, and dog walking.
138	138	(h) A person who grants a recreational easement under
139	139	Subsection (g) does not by granting the easement:
140	140	(1) assure the public that the premises are safe for
141	141	recreational purposes;
142	142	(2) have a duty to the public to exercise a greater
143	143	degree of care than the grantor would owe to a trespasser on the
144	144	property; or
145	145	(3) assume responsibility or incur liability for an
146	146	injury to a public user of the easement caused by an act of another
147	147	public user of the easement.
148	148	(i) Subsection (h) does not limit the liability of a person
149	149	who grants a recreational easement and has been grossly negligent
150	150	or has acted with malicious intent or bad faith.
151	151	(j) A recreational easement granted under Subsection (g)
152	152	automatically terminates if the associated dune project easement
153	153	terminates.
154	154	(k) A governmental entity that is granted an easement under
155	155	this section shall execute a recordable release of the easement and
156	156	deliver the release to the owner of the property on which the
157	157	easement is located if the easement is terminated. The
158	158	governmental entity is not required to remove the dune project if
159	159	the easement is terminated.
160	160	(l) A dune project under this section is not subject to the
161	161	provisions of Section 61.011(d) with respect to determination of
162	162	the line of vegetation or natural line of vegetation for the
163	163	duration of the dune project.
164	164	SECTION 5. The change in law made by this Act applies only
165	165	to an easement granted on or after the effective date of this Act.
166	166	An easement granted before the effective date of this Act is
167	167	governed by the law in effect on the date the easement was granted,
168	168	and the former law is continued in effect for that purpose.
169	169	SECTION 6. This Act takes effect immediately if it receives
170	170	a vote of two-thirds of all the members elected to each house, as
171	171	provided by Section 39, Article III, Texas Constitution. If this
172	172	Act does not receive the vote necessary for immediate effect, this
173	173	Act takes effect September 1, 2021.