2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter B. Access to Public Beaches › Section 61.0185. Temporary Suspension of Submission of Requests That Attorney General File Suit

Sec. 61.0185.  TEMPORARY SUSPENSION OF SUBMISSION OF REQUESTS THAT ATTORNEY GENERAL FILE SUIT.  (a)  The commissioner by order may suspend for a period of three years from the date the order is issued the submission of a request that the attorney general file a suit under Section 61.018(a) to obtain a temporary or permanent court order or injunction, either prohibitory or mandatory, to remove a house from a public beach if the commissioner determines that:
(1)  the line of vegetation establishing the boundary of the public beach has moved as a result of a meteorological event;
(2)  the house was located landward of the natural line of vegetation before the meteorological event; and
(3)  the house does not present an imminent threat to public health and safety.
(b)  The commissioner shall make a determination under Subsection (a) regarding the line of vegetation in accordance with Sections 61.016 and 61.017.
(c)  The commissioner shall consult with the Bureau of Economic Geology of The University of Texas at Austin when making a determination under Subsection (a) regarding:
(1)  the line of vegetation;  or
(2)  the effect of a meteorological event on the location of the public beach easement.
(d)  This section does not apply to a house that the commissioner determines to be:
(1)  located in whole or in part below mean high tide;  or
(2)  more than 50 percent destroyed as a result of a meteorological event.
(e)  An order issued under this section shall be:
(1)  posted on the land office's Internet website;
(2)  published by the land office as a miscellaneous document in the Texas Register;  and
(3)  filed for record by the land office in the real property records of the county in which the house is located.
(f)  The commissioner shall notify the attorney general and each pertinent county attorney, district attorney, or criminal district attorney of the issuance of an order under this section.
(g)  A county attorney, district attorney, or criminal district attorney may not file suit under Section 61.018(a) to obtain a temporary or permanent court order or injunction, either prohibitory or mandatory, to remove a house from a public beach while the house is subject to an order issued under this section.
(h)  While an order issued under this section is in effect, a local government may:
(1)  issue a certificate or permit authorizing repair of a house subject to the order if the local government determines that the repair:
(A)  is solely to make the house habitable;
(B)  complies with rules adopted by the commissioner under Section 61.011(d)(7);  and
(C)  does not increase the footprint of the house or involve the use of concrete, Fibercrete, or other impervious materials seaward of the line of vegetation;  and
(2)  allow utilities to be reconnected to a house subject to the order.
(i)  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 all or part of a house, regardless of any determination made;  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.
(j)  Chapter 2007, Government Code, does not apply to an order issued under this section.
(k)  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 the owner of the house for the period the order is in effect.
(l)  Expenses incurred while an order issued under this section is in effect by the owner of a house in an effort to repair or otherwise make the house habitable may not be claimed as damages in any litigation with this state or a local government that may be filed to enforce this chapter.
Added by Acts 2003, 78th Leg., ch. 245, Sec. 4, eff. June 18, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1086 (H.B. 3459), Sec. 6, eff. September 1, 2013.