87R7830 ANG-D
By: Middleton H.B. No. 4172
A BILL TO BE ENTITLED
AN ACT
relating to the burden of proof in a suit or administrative
proceeding to establish that an area is subject to the public beach
easement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.020, Natural Resources Code, is
amended to read as follows:
Sec. 61.020. BURDEN OF PROOF [PRIMA FACIE EVIDENCE]. [(a)]
In a suit or administrative proceeding brought or defended under
this subchapter or whose determination is affected by this
subchapter pertaining to[, a showing that the area in question is
located in] the area from mean low tide to the line of vegetation,
the burden of proof is on the party seeking to establish [is prima
facie evidence] that:
(1) the title of the littoral owner does not include
the right to prevent the public from using the area for ingress and
egress to the sea; or [and]
(2) there is imposed on the area a common law right or
easement in favor of the public for ingress and egress to the sea.
[(b) The determination of the location of the line of
vegetation by the commissioner as provided by Sections 61.016 and
61.017 constitutes prima facie evidence of the landward boundary of
the area subject to the public easement until a court adjudication
establishes the line in another place.]
SECTION 2. The change in law made by this Act applies only
to a suit or administrative proceeding filed on or after the
effective date of this Act. A suit or administrative proceeding
filed before the effective date of this Act is governed by the law
in effect on the date the suit or proceeding was filed, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.