Bill Text: TX HB4712 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the burden of proof in a suit or administrative proceeding to establish that an area is subject to the public beach easement.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Natural Resources [HB4712 Detail]
Download: Texas-2023-HB4712-Introduced.html
By: Hayes | H.B. No. 4712 |
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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. Sec. 61.0171, Natural Resources Code, is amended | ||
to read as follows: | ||
Sec. 61.0171. TEMPORARY SUSPENSION OF LINE OF VEGETATION | ||
DETERMINATION. (a) The commissioner 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 | ||
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line 200 feet inland from the line of mean low tide as established | ||
by a licensed state land surveyor. | ||
(b) An order issued under this section shall be: | ||
(1) posted on the land office's Internet website; and | ||
(2) published by the land office as a miscellaneous | ||
document in the Texas Register.[ |
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(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. | ||
(e) 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. | ||
(f) Following the expiration of an order issued under this | ||
section, the commissioner [ |
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regarding the line of vegetation in accordance with Sections 61.016 | ||
and 61.017[ |
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(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. | ||
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SECTION 2. Sec. 61.020, Natural Resources Code, is amended | ||
to read as follows: | ||
Sec. 61.020. PRIMA FACIE EVIDENCE. (a) In a suit or | ||
administrative proceeding brought or defended under this | ||
subchapter or whose determination is affected by this subchapter, a | ||
showing that the area in question is located in the area from mean | ||
low tide to the line of vegetation 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; 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. | ||
(c) The determination of the location of the line of | ||
vegetation by the commissioner as provided by Section 61.0171 does | ||
not constitute prima facie evidence of the landward boundary of the | ||
area subject to the public easement. | ||
SECTION 3. This Act takes effect September 1, 2023. |