| 1 | 1 | | 87R7830 ANG-D |
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| 2 | 2 | | By: Middleton H.B. No. 4172 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the burden of proof in a suit or administrative |
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| 8 | 8 | | proceeding to establish that an area is subject to the public beach |
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| 9 | 9 | | easement. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 61.020, Natural Resources Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 61.020. BURDEN OF PROOF [PRIMA FACIE EVIDENCE]. [(a)] |
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| 14 | 14 | | In a suit or administrative proceeding brought or defended under |
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| 15 | 15 | | this subchapter or whose determination is affected by this |
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| 16 | 16 | | subchapter pertaining to[, a showing that the area in question is |
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| 17 | 17 | | located in] the area from mean low tide to the line of vegetation, |
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| 18 | 18 | | the burden of proof is on the party seeking to establish [is prima |
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| 19 | 19 | | facie evidence] that: |
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| 20 | 20 | | (1) the title of the littoral owner does not include |
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| 21 | 21 | | the right to prevent the public from using the area for ingress and |
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| 22 | 22 | | egress to the sea; or [and] |
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| 23 | 23 | | (2) there is imposed on the area a common law right or |
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| 24 | 24 | | easement in favor of the public for ingress and egress to the sea. |
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| 25 | 25 | | [(b) The determination of the location of the line of |
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| 26 | 26 | | vegetation by the commissioner as provided by Sections 61.016 and |
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| 27 | 27 | | 61.017 constitutes prima facie evidence of the landward boundary of |
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| 28 | 28 | | the area subject to the public easement until a court adjudication |
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| 29 | 29 | | establishes the line in another place.] |
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| 30 | 30 | | SECTION 2. The change in law made by this Act applies only |
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| 31 | 31 | | to a suit or administrative proceeding filed on or after the |
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| 32 | 32 | | effective date of this Act. A suit or administrative proceeding |
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| 33 | 33 | | filed before the effective date of this Act is governed by the law |
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| 34 | 34 | | in effect on the date the suit or proceeding was filed, and the |
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| 35 | 35 | | former law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2021. |
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