| 1 | 1 | | By: Hayes H.B. No. 4712 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the burden of proof in a suit or administrative |
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| 7 | 7 | | proceeding to establish that an area is subject to the public beach |
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| 8 | 8 | | easement. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sec. 61.0171, Natural Resources Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 61.0171. TEMPORARY SUSPENSION OF LINE OF VEGETATION |
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| 13 | 13 | | DETERMINATION. (a) The commissioner may, by order, suspend action |
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| 14 | 14 | | on conducting a line of vegetation determination for a period of up |
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| 15 | 15 | | to three years from the date the order is issued if the commissioner |
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| 16 | 16 | | determines that the line of vegetation was obliterated as a result |
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| 17 | 17 | | of a meteorological event. For the duration of the order, the |
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| 18 | 18 | | [public beach] line of vegetation shall [extend to] be [located ]a |
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| 19 | 19 | | line 200 feet inland from the line of mean low tide as established |
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| 20 | 20 | | by a licensed state land surveyor. |
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| 21 | 21 | | (b) An order issued under this section shall be: |
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| 22 | 22 | | (1) posted on the land office's Internet website; and |
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| 23 | 23 | | (2) published by the land office as a miscellaneous |
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| 24 | 24 | | document in the Texas Register.[; and] |
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| 25 | 25 | | [(3) filed for record by the land office in the real |
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| 26 | 26 | | property records of the county in which the area of beach subject to |
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| 27 | 27 | | the order is located.] |
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| 28 | 28 | | (c) Issuance of an order under this section is purely within |
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| 29 | 29 | | the discretion of the commissioner. This section does not create: |
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| 30 | 30 | | (1) a duty on the part of the commissioner to issue an |
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| 31 | 31 | | order related to the line of vegetation; or |
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| 32 | 32 | | (2) a private cause of action for: |
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| 33 | 33 | | (A) issuance of an order under this section; or |
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| 34 | 34 | | (B) failure to issue an order under this section. |
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| 35 | 35 | | (d) Chapter 2007, Government Code, does not apply to an |
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| 36 | 36 | | order issued under this section. |
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| 37 | 37 | | (e) If the commissioner issues an order under this section, |
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| 38 | 38 | | a limitations period established by statute, under common law, or |
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| 39 | 39 | | in equity that may be asserted or claimed in any action under this |
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| 40 | 40 | | chapter is suspended and does not run against this state, the |
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| 41 | 41 | | public, or private land owners for the period the order is in |
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| 42 | 42 | | effect. |
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| 43 | 43 | | (f) Following the expiration of an order issued under this |
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| 44 | 44 | | section, the commissioner [shall] may make a determination |
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| 45 | 45 | | regarding the line of vegetation in accordance with Sections 61.016 |
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| 46 | 46 | | and 61.017[ and taking into consideration the effect of the |
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| 47 | 47 | | meteorological event on the location of the public beach easement]. |
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| 48 | 48 | | (g) The commissioner may consult with the Bureau of Economic |
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| 49 | 49 | | Geology of The University of Texas at Austin or a licensed state |
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| 50 | 50 | | land surveyor and consider other relevant factors when making a |
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| 51 | 51 | | determination under Subsection (f) regarding the annual erosion |
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| 52 | 52 | | rate for the area of beach subject to the order issued under this |
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| 53 | 53 | | section. |
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| 54 | 54 | | [(h) The line of vegetation, as determined by the |
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| 55 | 55 | | commissioner under Subsection (f), shall constitute the landward |
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| 56 | 56 | | boundary of the area subject to public easement until the line of |
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| 57 | 57 | | vegetation moves landward due to a subsequent meteorological event, |
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| 58 | 58 | | erosion, or public use, or until a final court adjudication |
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| 59 | 59 | | establishes the line in another place.] |
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| 60 | 60 | | SECTION 2. Sec. 61.020, Natural Resources Code, is amended |
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| 61 | 61 | | to read as follows: |
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| 62 | 62 | | Sec. 61.020. PRIMA FACIE EVIDENCE. (a) In a suit or |
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| 63 | 63 | | administrative proceeding brought or defended under this |
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| 64 | 64 | | subchapter or whose determination is affected by this subchapter, a |
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| 65 | 65 | | showing that the area in question is located in the area from mean |
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| 66 | 66 | | low tide to the line of vegetation is prima facie evidence that: |
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| 67 | 67 | | (1) the title of the littoral owner does not include |
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| 68 | 68 | | the right to prevent the public from using the area for ingress and |
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| 69 | 69 | | egress to the sea; and |
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| 70 | 70 | | (2) there is imposed on the area a common law right or |
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| 71 | 71 | | easement in favor of the public for ingress and egress to the sea. |
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| 72 | 72 | | (b) The determination of the location of the line of |
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| 73 | 73 | | vegetation by the commissioner as provided by Sections 61.016 and |
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| 74 | 74 | | 61.017 constitutes prima facie evidence of the landward boundary of |
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| 75 | 75 | | the area subject to the public easement until a court adjudication |
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| 76 | 76 | | establishes the line in another place. |
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| 77 | 77 | | (c) The determination of the location of the line of |
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| 78 | 78 | | vegetation by the commissioner as provided by Section 61.0171 does |
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| 79 | 79 | | not constitute prima facie evidence of the landward boundary of the |
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| 80 | 80 | | area subject to the public easement. |
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| 81 | 81 | | SECTION 3. This Act takes effect September 1, 2023. |
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