H.B. 1457 78(R)    BILL ANALYSIS


H.B. 1457
By: Eiland
Land & Resource Management
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The line of vegetation marks the boundary of a public beach easement.  A
meteorological event, such as a flood, tropical storm or hurricane, can
greatly impact the location of the line of vegetation, and recovery can
take a significant amount of time.  During the process of recovery the
"new" line of vegetation is often difficult to ascertain. Following
previous storm events, some coastal stakeholders have recommended that a
moratorium be established on the enforcement of the Open Beaches Act in
order to allow sufficient time for the natural recovery of the line of
vegetation.   

The purpose of H.B. 1457 is to allow the Commissioner of the General Land
Office the ability to establish a two-year moratorium on the enforcement
of potential violations of the Open Beaches Act following a meteorological
event such as a flood, tropical storm or hurricane.  Consequently,
beachfront property owners are provided with greater certainty regarding
the actual location of the new line of vegetation and its impact on
private property. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1. Amends Subchapter B, Chapter 61, Natural Resources Code, by
adding Section 61.0185 as follows: 

Authorizes the commissioner to create a two-year enforcement moratorium on
potential violations of the Open Beaches Act under certain circumstances: 

The line of vegetation has moved as a result of a meteorological event,
the encroachment was landward of the line of vegetation before the event,
and the line of vegetation has not stabilized. 

Authorizes the commissioner to extend the moratorium if the beach and line
of vegetation have shown signs of recovery from the event but have not
fully recovered. 

Requires the commissioner to notify the Attorney General and appropriate
county, district, or criminal district attorney of the order. 

Limits the type of improvements or repairs eligible to be made during the
moratorium to only those that are necessary to make the structure
habitable. 

SECTION 2.Effective date.

EFFECTIVE DATE

September 1, 2003.