LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION April 2, 2021 TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB4172 by Middleton (Relating to the burden of proof in a suit or administrative proceeding to establish that an area is subject to the public beach easement.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Natural Resources Code to provide that in a suit or administrative proceeding brought or defended under Chapter 61, Subchapter B (access to public beaches) or whose determination is affected by Subchapter B pertaining to certain beach areas, the burden of proof is on the party seeking to establish 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 there is imposed on the area a common law right or easement in favor of the public for ingress and egress to the sea. The bill would eliminate a subsection provision related to prima facie evidence of the landward boundary of the area subject to certain public easement.Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Admin LBB Staff: b > td > JMc, SLE, BH
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
April 2, 2021
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB4172 by Middleton (Relating to the burden of proof in a suit or administrative proceeding to establish that an area is subject to the public beach easement.), As Introduced
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB4172 by Middleton (Relating to the burden of proof in a suit or administrative proceeding to establish that an area is subject to the public beach easement.), As Introduced
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB4172 by Middleton (Relating to the burden of proof in a suit or administrative proceeding to establish that an area is subject to the public beach easement.), As Introduced
HB4172 by Middleton (Relating to the burden of proof in a suit or administrative proceeding to establish that an area is subject to the public beach easement.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Natural Resources Code to provide that in a suit or administrative proceeding brought or defended under Chapter 61, Subchapter B (access to public beaches) or whose determination is affected by Subchapter B pertaining to certain beach areas, the burden of proof is on the party seeking to establish 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 there is imposed on the area a common law right or easement in favor of the public for ingress and egress to the sea. The bill would eliminate a subsection provision related to prima facie evidence of the landward boundary of the area subject to certain public easement.Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Admin
212 Office of Court Admin
LBB Staff: b > td > JMc, SLE, BH
JMc, SLE, BH