By: Middleton H.B. No. 3263
A BILL TO BE ENTITLED
AN ACT
relating to the determination of the boundaries of, and the
enforcement of the law governing access to, public beaches.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.016, Natural Resources Code, is
amended by adding Subsection (d) to read as follows:
(d) The "line of vegetation" is dynamic and may move
landward or seaward due to the forces of erosion or natural
accretion. For the purposes of determining the public beach
easement, if the state has acquired a public easement, and if the
"line of vegetation" is obliterated due to a meteorological event,
the landward boundary of the area subject to the public easement
shall be the line established by order under Section 61.0171(a) [or
as determined by the commissioner under Section 61.0171(f)].
SECTION 2. Section 61.017(a), Natural Resources Code, is
amended to read as follows:
(a) The "line of vegetation" is not affected by the
occasional sprigs of salt grass on mounds and dunes or seaward from
them or by artificial fill, the addition or removal of turf, [beach
nourishment projects or artificial placement of dredged or fill
material, whether conducted by public or private entities,] or
other artificial changes in the natural vegetation of the area.
SECTION 3. Section 61.0171, Natural Resources Code, is
amended to read as follows:
Sec. 61.0171. TEMPORARY SUSPENSION OF LINE OF VEGETATION
DETERMINATION. (a) The commissioner shall [may], by order,
suspend action on conducting a line of vegetation determination for
a period of up to three years from the date the order is issued if
the commissioner determines that the line of vegetation was
obliterated as a result of a meteorological event. For the duration
of the order, the public beach easement shall extend to a line 200
feet inland from the line of mean low tide as established by a
licensed state land surveyor or as determined by law, whichever is
further seaward.
[(b) An order issued under this section shall be:
(1) posted on the land office's Internet website;
(2) published by the land office as a miscellaneous
document in the Texas Register; and
(3) filed for record by the land office in the real
property records of the county in which the area of beach subject to
the order is located.
(c) Issuance of an order under this section is purely within
the discretion of the commissioner. This section does not create:
(1) a duty on the part of the commissioner to issue an
order related to the line of vegetation; or
(2) a private cause of action for:
(A) issuance of an order under this section; or
(B) failure to issue an order under this section.
(d) Chapter 2007, Government Code, does not apply to an
order issued under this section.]
(b) [(e)] Upon the issuance of [If the commissioner issues]
an order under this section, a limitations period established by
statute, under common law, or in equity that may be asserted or
claimed in any action under this chapter is suspended and does not
run against this state, the public, or private land owners for the
period the order is in effect.
(c) [(f)] Following the expiration of an order issued under
this section, the commissioner shall make a determination regarding
the line of vegetation in accordance with Sections 61.016 [and
61.017 and taking into consideration the effect of the
meteorological event on the location of the public beach easement.
(g) The commissioner may consult with the Bureau of Economic
Geology of The University of Texas at Austin or a licensed state
land surveyor and consider other relevant factors when making a
determination under Subsection (f) regarding the annual erosion
rate for the area of beach subject to the order issued under this
section.
(h) The line of vegetation, as determined by the
commissioner under Subsection (f), shall constitute the landward
boundary of the area subject to public easement until the line of
vegetation moves landward due to a subsequent meteorological event,
erosion, or public use, or until a final court adjudication
establishes the line in another place.]
SECTION 4. 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 storm surge protection against meteorological events and
other events causing avulsion.
(b) A person who owns property that borders the line of mean
high tide or mean higher 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 changes or avulsion 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, not to exceed
six months, or fails to maintain the dune project after completion
of the project; or
(2) does not substantially repair or replace a
completed dune project within twenty-four months after the project
is damaged or destroyed by meteorological events and other events
causing avulsion.
(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 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.
(l) A dune project under this section is not subject to the
provisions of Section 61.011(d) with respect to determination of
the line of vegetation or natural line of vegetation for the
duration of the dune project.
SECTION 5. 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 6. 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, 2021.