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AN ACT
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relating to the promulgation by the commissioner of the General |
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Land Office of rules authorizing the use on a public beach of a golf |
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cart for the transportation of a person with a physical disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.011(d), Natural Resources Code, is |
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amended to read as follows: |
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(d) The commissioner shall promulgate rules, consistent |
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with the policies established in this section, on the following |
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matters only: |
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(1) acquisition by local governments or other |
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appropriate entities or public dedication of access ways sufficient |
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to provide adequate public ingress and egress to and from the beach |
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within the area described in Subdivision (6); |
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(2) protection of the public easement from erosion or |
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reduction caused by development or other activities on adjacent |
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land and beach cleanup and maintenance; |
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(3) local government prohibitions of vehicular |
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traffic on public beaches, provision of off-beach parking, the use |
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on a public beach of a golf cart, as defined by Section 502.001, |
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Transportation Code, for the transportation of a person with a |
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physical disability, and other minimum measures needed to mitigate |
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for any adverse effect on public access and dune areas; |
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(4) imposition of beach access, user, or parking fees |
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and reasonable exercises of the police power by local governments |
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with respect to public beaches; |
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(5) contents and certification of beach access and use |
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plans and standards for local government review of construction on |
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land adjacent to and landward of public beaches, including |
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procedures for expedited review of beach access and use plans under |
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Section 61.015; |
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(6) construction on land adjacent to and landward of |
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public beaches and lying in the area either up to the first public |
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road generally parallel to the beach or to any closer public road |
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not parallel to the beach, or to within 1,000 feet of mean high |
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tide, whichever is greater, that affects or may affect public |
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access to and use of public beaches; |
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(7) the temporary suspension under Section 61.0185 of |
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enforcement of the prohibition against encroachments on and |
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interferences with the public beach easement and the ability of a |
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property owner to make repairs to a house while a suspension is in |
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effect; |
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(8) the determination of the line of vegetation or |
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natural line of vegetation; |
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(9) the factors to be considered in determining |
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whether a structure, improvement, obstruction, barrier, or hazard |
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on the public beach: |
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(A) constitutes an imminent hazard to safety, |
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health, or public welfare; or |
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(B) substantially interferes with the free and |
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unrestricted right of the public to enter or leave the public beach |
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or traverse any part of the public beach; and |
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(10) the procedures for determining whether a |
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structure is not insurable property for purposes of Section |
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2210.004, Insurance Code, because of the factors listed in |
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Subsection (h) of that section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1213 was passed by the House on April |
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9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1213 was passed by the Senate on May |
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7, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |