Governor Rick Perry has allowed HB 770 to become law but Rep Wayne Christians amendment will most likely be challenged in court.
HB 770 allows homeowners to keep their homestead property tax exemptions while they rebuild property effected by storms. The Christian amendment which Land Commission Jerry Patterson has vowed to fight says that certain property owners can rebuild on the water side of the new vegetation line. According to the Star-Telegram that might seem like a small thing but its a huge encroachment on public rights. The Open Beaches Act of 1977 guarantees free and unrestricted public access to the beach. All property between the vegetation line and the water line is state property even if that line is moved because of a storm. Anything that was private property before the storm becomes public property based on the vegetation line. Patterson says the Christian amendment is unconstitutional.
It will be the policy of the Texas General Land Office that notwithstanding the Christian amendment no structure will be rebuilt if it will interfere with the public right to access Texas beaches Patterson said in a press statement.
On Friday Christian released this statement:
I am pleased Governor Perry has agreed with those of us in the Texas Legislature to expedite the post-Ike recovery of Texas families and respect their private property rights. He and his staff have researched and recognized the accusations made surrounding this issue were misleading unfounded and not in violation of either the Texas or US Constitutions. Governor Perry has joined us by recognizing HB 770 is a responsible policy in addressing post Ike recovery in Texas while assuring no structure will be rebuilt if it will interfere with the publics right to access Texas beaches.
It is the duty of state officials to honor their oath of office by upholding the laws of our state and nation. For me or any official to breach that oath would be a violation of the trust given by the citizens of Texas and an impeachable offense.
I commend Governor Perry for working with our legislative members from across Texas to preserve our rights. I am honored to join with those in the Texas Legislature to demonstrate our commitment to preserve private property rights from government officials who do not share these Texas values.
Wayne Christian
State Representative District 9
