H.B. No. 1445
  relating to the authority of certain political subdivisions to
  erect or maintain shore protection structures and the location of
  the line of vegetation in relation to those structures.
         SECTION 1.  Section 61.017, Natural Resources Code, is
  amended by adding Subsections (e) and (f) to read as follows:
         (e)  In an area of public beach where a shore protection
  structure constructed as provided by Section 61.022(a)(6)
  interrupts the natural line of vegetation for a distance of at least
  1,000 feet, the line of vegetation is along the seaward side of the
  shore protection structure for the distance marked by that
  structure. A line of vegetation established under this subsection
  is the landward boundary of the public beach and of the public
  easement for all purposes, provided that before or concurrently
  with the construction of the structure:
               (1)  a perpetual easement has been granted in favor of
  the public affording pedestrian, noncommercial use along and over
  the entire length of the structure and an adjacent sidewalk by the
  general public; and
               (2)  the subdivision that constructed the shore
  protection structure has provided a public parking area of
  sufficient acreage to provide at least one parking space for each 15
  linear feet of the structure, located so that ingress and egress
  ways are not more than one-half mile apart.
         (f)  Before a subdivision of this state begins construction
  of a shore protection structure described by Subsection (e), the
  subdivision must conduct and obtain the commissioner's approval of
  a coastal boundary survey under Section 33.136. The state retains
  fee title to all land described by Section 11.012 that is occupied
  by or affected by the placement of the structure.
         SECTION 2.  Section 61.022, Natural Resources Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  The provisions of this subchapter do not prevent any of
  the following governmental entities from erecting or maintaining
  any groin, seawall, barrier, pass, channel, jetty, or other
  structure as an aid to navigation, protection of the shore,
  fishing, safety, or other lawful purpose authorized by the
  constitution or laws of this state or the United States:
               (1)  an agency, department, institution, subdivision,
  or instrumentality of the federal government;
               (2)  an agency, department, institution, or
  instrumentality of this state;
               (3)  a county;
               (4)  a municipality; [or]
               (5)  a subdivision of this state, other than a county or
  municipality, acting in partnership with the county or municipality
  in which the structure is located; or
               (6)  a subdivision of this state, acting with the
  approval of the commissioner, if the structure is a shore
  protection structure that:
                     (A)  is designed to protect public
  infrastructure, including a state or county highway or bridge;
                     (B)  is located on land that:
                           (i)  is state-owned submerged land or was
  acquired for the project by a subdivision of this state; and
                           (ii)  is located in or adjacent to the mouth
  of a natural inlet from the Gulf of Mexico; and
                     (C)  extends at least 1,000 feet along the
         (a-1)  In granting approval of a shore protection structure
  under Subsection (a)(6) of this section, the commissioner may
  specify requirements for the design and location of the structure
  or any public parking area required by Section 61.017(e).
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 1445 was passed by the House on April
  21, 2009, by the following vote:  Yeas 142, Nays 0, 1 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 1445 was passed by the Senate on May
  21, 2009, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________