NATURAL RESOURCES CODE
SUBTITLE E. BEACHES AND DUNES
CHAPTER 61. USE AND MAINTENANCE OF PUBLIC BEACHES
SUBCHAPTER A. GENERAL PROVISIONS
§ 61.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the Commissioner of the
General Land Office.
(2) "Construction" means causing or carrying out any
building, bulkheading, filling, clearing, excavation, or any
substantial improvement to land or the size of any structure.
(3) "Department" means the Parks and Wildlife
Department.
(4) "Land office" means the General Land Office.
(5) "Line of vegetation" means the extreme seaward
boundary of natural vegetation which spreads continuously inland.
(6) "Littoral owner" means the owner of land adjacent
to the shore and includes a lessee, licensee, or anyone acting under
the littoral owner's authority.
(7) "Local government" means a municipality, county,
or any other political subdivision of the state.
(8) "Public beach" means any beach area, whether
publicly or privately owned, extending inland from the line of mean
low tide to the line of vegetation bordering on the Gulf of Mexico
to which the public has acquired the right of use or easement to or
over the area by prescription, dedication, presumption, or has
retained a right by virtue of continuous right in the public since
time immemorial, as recognized in law and custom. This definition
does not include a beach that is not accessible by a public road or
public ferry as provided in Section 61.021 of this code.
Acts 1977, 65th Leg., p. 2477, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 4, eff. June 7,
1991.
SUBCHAPTER B. ACCESS TO PUBLIC BEACHES
§ 61.011. POLICY AND RULES. (a) It is declared and
affirmed to be the public policy of this state that the public,
individually and collectively, shall have the free and unrestricted
right of ingress and egress to and from the state-owned beaches
bordering on the seaward shore of the Gulf of Mexico, or if the
public has acquired a right of use or easement to or over an area by
prescription, dedication, or has retained a right by virtue of
continuous right in the public, the public shall have the free and
unrestricted right of ingress and egress to the larger area
extending from the line of mean low tide to the line of vegetation
bordering on the Gulf of Mexico.
(b) The legislature recognizes that, in order to provide and
maintain public facilities and public services to enhance access to
and safe and healthy use of the public beaches by the public,
adequate funds are required to provide public facilities and public
services. Any local government responsible for the regulation,
maintenance, and use of such beaches may charge reasonable fees
pursuant to its authority to cover the cost of discharging its
responsibilities with respect to such beaches, provided such fees
do not exceed the cost of such public facilities and services, and
do not unfairly limit public access to and use of such beaches.
(c) The commissioner shall strictly and vigorously enforce
the prohibition against encroachments on and interferences with the
public beach easement.
(d) The commissioner shall promulgate rules, consistent
with the policies established in this section, on the following
matters only:
(1) acquisition by local governments or other
appropriate entities or public dedication of access ways sufficient
to provide adequate public ingress and egress to and from the beach
within the area described in Subdivision (6);
(2) protection of the public easement from erosion or
reduction caused by development or other activities on adjacent
land and beach cleanup and maintenance;
(3) local government prohibitions of vehicular
traffic on public beaches, provision of off-beach parking, and
other minimum measures needed to mitigate for any adverse effect on
public access and dune areas;
(4) imposition of beach access, user, or parking fees
and reasonable exercises of the police power by local governments
with respect to public beaches;
(5) contents and certification of beach access and use
plans and standards for local government review of construction on
land adjacent to and landward of public beaches;
(6) construction on land adjacent to and landward of
public beaches and lying in the area either up to the first public
road generally parallel to the beach or to any closer public road
not parallel to the beach, or to within 1,000 feet of mean high
tide, whichever is greater, that affects or may affect public
access to and use of public beaches; and
(7) the temporary suspension under Section 61.0185 of
enforcement of the prohibition against encroachments on and
interferences with the public beach easement and the ability of a
property owner to make repairs to a house while a suspension is in
effect.
(e) Repealed by Acts 2003, 78th Leg., ch. 245, § 9.
(f) Chapter 2007, Government Code, does not apply to rules
adopted under Subsection (d)(7).
Acts 1977, 65th Leg., p. 2477, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 5, eff. June 7,
1991; Acts 2003, 78th Leg., ch. 245, § 1, 9, eff. June 18, 2003.
§ 61.012. DEFINITION. In this subchapter, "beach"
means state-owned beaches to which the public has the right of
ingress and egress bordering on the seaward shore of the Gulf of
Mexico or any larger area extending from the line of mean low tide
to the line of vegetation bordering on the Gulf of Mexico if the
public has acquired a right of use or easement to or over the area by
prescription, dedication, or has retained a right by virtue of
continuous right in the public.
Acts 1977, 65th Leg., p. 2477, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.013. PROHIBITION. (a) It is an offense against
the public policy of this state for any person to create, erect, or
construct any obstruction, barrier, or restraint that will
interfere with the free and unrestricted right of the public,
individually and collectively, lawfully and legally to enter or to
leave any public beach or to use any public beach or any larger area
abutting on or contiguous to a public beach if the public has
acquired a right of use or easement to or over the area by
prescription, dedication, or has retained a right by virtue of
continuous right in the public.
(b) Unless properly certified as consistent with this
subchapter, no person may cause, engage in, or allow construction
landward of and adjacent to a public beach within the area described
in Section 61.011(d)(6) of this code in a manner that will or is
likely to affect adversely public access to and use of the public
beach. The prohibition in this subsection takes effect only on
adoption of final rules by the commissioner under Section 61.011 of
this code.
(c) For purposes of this section, "public beach" shall mean
any beach bordering on the Gulf of Mexico that extends inland from
the line of mean low tide to the natural line of vegetation
bordering on the seaward shore of the Gulf of Mexico, or such larger
contiguous area to which the public has acquired a right of use or
easement to or over by prescription, dedication, or estoppel, or
has retained a right by virtue of continuous right in the public
since time immemorial as recognized by law or custom. This
definition does not include a beach that is not accessible by a
public road or public ferry as provided in Section 61.021 of this
code.
Acts 1977, 65th Leg., p. 2478, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1607, ch. 681, § 2,
eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 4818, ch. 850, § 1,
eff. June 19, 1983; Acts 1991, 72nd Leg., ch. 295, § 6, eff. June
7, 1991.
§ 61.014. DENIAL OF ACCESS BY POSTING. (a) As used in
this section, "public beach" means the area extending from the line
of mean low tide of the Gulf of Mexico to the line of vegetation
bordering on the Gulf of Mexico, or to a line 200 feet inland from
the line of mean low tide, whichever is nearer the line of mean low
tide, if the public has acquired a right of use or easement to or
over the area by prescription, dedication, or has retained a right
by virtue of continuous right in the public.
(b) No person may display or cause to be displayed on or
adjacent to any public beach any sign, marker, or warning, or make
or cause to be made any written or oral communication which states
that the public beach is private property or represent in any other
manner that the public does not have the right of access to the
public beach as guaranteed by this subchapter.
Acts 1977, 65th Leg., p. 2478, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1607, ch. 681, § 1,
eff. Aug. 27, 1979; Acts 1991, 72nd Leg., ch. 295, § 7, eff. June
7, 1991.
§ 61.015. BEACH ACCESS AND USE PLANS. (a) Each local
government with ordinance authority over construction adjacent to
public beaches and each county that contains any area of public
beach within its boundaries shall adopt a plan for preserving and
enhancing access to and use of public beaches within the
jurisdiction of the local government. Such beach access and use
plans must be consistent with the policies in Section 61.011 of this
code and the rules promulgated thereunder and Chapter 63 of this
code and shall to the greatest extent practicable incorporate the
local government's ordinary land use planning procedures. A
municipality may adopt and apply any appropriate ordinances within
its extraterritorial jurisdiction to effect the purposes of this
subchapter.
(b) Local governments shall submit proposed beach access
and use plans to the commissioner for certification as to
compliance with such policies and rules. The commissioner shall act
on a local government's proposed beach access and use plan within 60
days of submission by either approving the plan or denying
certification. In the event of denial, the commissioner shall send
the proposed plan back to the originating local government with a
statement of specific objections and the reasons for denial, along
with suggested modifications. On receipt, the local government
shall revise and resubmit the plan. The commissioner's
certification of local government plans shall be by adoption into
the rules under Section 61.011.
(c) A littoral owner proposing construction adjacent to and
landward of a public beach in the area described in Section
61.011(d)(6) shall submit a development plan to the appropriate
local government. The local government shall forward the
development plan to the commissioner no less than 10 working days
prior to acting on the development plan. The commissioner may
submit comments on the proposed construction to the local
government.
(d) The local government shall review the proposed
development plan and the commissioner's comments and other
information the local government may consider useful to determine
consistency with the local government's beach access and use plan.
(e) If the proposed construction is required to be permitted
by the local government under Chapter 63 of this code, the local
government shall consider the issuance of the permit concurrently
with the certification under this section, unless otherwise
provided by rules promulgated under Section 61.011 of this code.
(f) The local government, after considering all appropriate
information, shall make the determination and shall certify that
the construction as proposed either is consistent with the local
government's beach access and use plan or is inconsistent with the
local government's beach access and use plan, in which case the
local government must specify how the construction is inconsistent
with the plan.
(g) The local government may include in the certification
any reasonable terms and conditions it finds necessary to assure
adequate public beach access and use rights consistent with Chapter
63 of this code.
(h) The requirements of this section take effect only on
adoption of final rules by the commissioner under Section 61.011 of
this code.
Acts 1977, 65th Leg., p. 2478, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 8, eff. June 7,
1991; Acts 2003, 78th Leg., ch. 245, § 2, eff. June 18, 2003.
§ 61.016. BOUNDARIES FOR AREAS WITH NO MARKED VEGETATION
LINE. (a) To determine the "line of vegetation" in any area of
public beach in which there is no clearly marked line of vegetation
(for instance, a line immediately behind well-defined dunes or
mounds of sand and at a point where vegetation begins) recourse
shall be to the nearest clearly marked line of vegetation on each
side of the unmarked area.
(b) The "line of vegetation" for the unmarked area shall be
the line of constant elevation connecting the two clearly marked
lines of vegetation on each side.
(c) If the elevation of the two points on each side of the
area are not the same, the extension defining the "line of
vegetation" shall be the average elevation as between the two
points, but if there is no clearly marked line of vegetation, the "
line of vegetation" shall not extend inland further than 200 feet
from the seaward line of mean low tide.
Acts 1977, 65th Leg., p. 2478, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 9, eff. June 7,
1991.
§ 61.017. LINE OF VEGETATION UNAFFECTED BY CERTAIN
CONDITIONS. (a) The "line of vegetation" is not affected by the
occasional sprigs of salt grass on mounds and dunes or seaward from
them and by artificial fill, the addition or removal of turf, or by
other artificial changes in the natural vegetation of the area.
(b) If the changes listed in Subsection (a) of this section
are made and the vegetation line is obliterated or is created
artificially, the line of vegetation shall be determined in the
same manner as in those areas covered by Section 61.016 of this
code, but if there is a vegetation line consistently following a
line more than 200 feet from the seaward line of mean low tide, the
200-foot line shall constitute the landward boundary of the area
subject to public easement until a final court adjudication
establishes the line in another place.
(c)(1) In an area of public beach where a seawall structure
constructed in its entirety as a single structure of one design
before 1970 and continuously maintained with a height of not less
than 11 feet above mean low tide interrupts the natural line of
vegetation for a distance not less than 4,000 feet nor greater than
4,500 feet, the line of vegetation is along the seaward side of the
seawall for the distance marked by the seawall, provided that prior
to September 2, 1997:
(A) a perpetual easement has been granted in
favor of the public affording pedestrian, noncommercial use along
and over the entire length of the seawall and adjacent sidewalk by
the general public;
(B) fee title to the surface estate to an area for
public parking and other public uses adjacent to the seawall has
been conveyed to and accepted by a public entity, which area
contains sufficient acreage to provide at least one parking space
for each 15 linear feet of the seawall, is located within the center
one-third of the length of the seawall or not farther than 300 feet
from that center one-third, and has frontage on the seawall for at
least 300 linear feet; and
(C) permanent roadway easements exist within
1,000 feet of each end of the seawall affording vehicular access
from the nearest public road to the beach.
(2) A line of vegetation established as described in
this subsection shall be the landward boundary of the public beach
and of the public easement for all purposes. Fee title to all
submerged land as described in this code shall remain in the State
of Texas.
(d)(1) In an area of public beach where a combination stone
revetment and concrete sheet pile wall constructed in its entirety
as a single structure before 1999 and continuously maintained with
a height of not less than five feet above mean low tide interrupts
the natural line of vegetation for a distance not less than 7.5
miles and not more than 8.5 miles, the line of vegetation is along
the landward boundary of that strip of land conveyed to the United
States of America for the construction of the stone revetment and
concrete sheet pile wall and for the distance marked by the stone
revetment and concrete sheet pile wall.
(2) A line of vegetation established as described by
this subsection is the landward boundary of the public beach and of
the public easement for all purposes. Fee title to all submerged
land as described in this code shall remain in the State of Texas.
Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1995, 74th Leg., ch. 593, § 1, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 331, § 1, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 999, § 1, eff. Sept. 1, 2001.
§ 61.018. ENFORCEMENT. (a) Any county attorney,
district attorney, or criminal district attorney, or the attorney
general at the request of the commissioner, shall file in a district
court of Travis County, or in the county in which the property is
located, a suit to obtain either a temporary or permanent court
order or injunction, either prohibitory or mandatory, to remove or
prevent any improvement, maintenance, obstruction, barrier, or
other encroachment on a public beach, or to prohibit any unlawful
restraint on the public's right of access to and use of a public
beach or other activity that violates this chapter.
(b) In the same suit, the attorney general, the
commissioner, county attorney, district attorney, or criminal
district attorney may recover penalties and the costs of removing
any improvement, obstruction, barrier, or other encroachment if it
is removed by public authorities pursuant to an order of the court.
(c) A person who violates this chapter is liable for a civil
penalty of not less than $50 nor more than $1,000. Each day the
violation occurs or continues is a separate violation.
(d) Any county attorney, or the attorney general at the
request of the commissioner, may bring a suit for a declaratory
judgment to try any issue affecting the public's right of access to
or use of the public beach.
Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 10, eff. June
7, 1991; Acts 2003, 78th Leg., ch. 245, § 3, eff. June 18, 2003.
§ 61.0185. TEMPORARY SUSPENSION OF SUBMISSION OF
REQUESTS THAT ATTORNEY GENERAL FILE SUIT. (a) The commissioner
by order may suspend for a period of two 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, § 4, eff. June 18, 2003.
§ 61.019. DECLARATORY JUDGMENT SUITS. (a) A littoral
owner whose rights are determined or affected by this subchapter
may bring suit for a declaratory judgment against the state to try
the issue or issues.
(b) Service of citation on the state shall be made by
serving the citation on the attorney general.
Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.020. PRIMA FACIE EVIDENCE. In a suit brought or
defended under this subchapter or whose determination is affected
by this subchapter, a showing that the area in question is located
in the area from mean low tide to the line of vegetation is prima
facie evidence that:
(1) the title of the littoral owner does not include
the right to prevent the public from using the area for ingress and
egress to the sea; and
(2) there is imposed on the area a common law right or
easement in favor of the public for ingress and egress to the sea.
Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 11, eff. June
7, 1991.
§ 61.021. AREA NOT COVERED BY SUBCHAPTER. (a) None of
the provisions of this subchapter apply to beaches on islands or
peninsulas that are not accessible by a public road or ferry
facility for as long as the condition exists.
(b) A local government or local official may not adopt,
apply, or enforce a beach access and use plan or any other provision
of this subchapter within a state or national park area, wildlife
refuge, or other designated state or national natural area.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 14, eff. June
7, 1991.
§ 61.0211. STATE OR NATIONAL PARK COVERED BY
SUBCHAPTER. This subchapter applies to any island or peninsula
that is a state or national park or wildlife management area
regardless of whether the island or peninsula is accessible by
public road or ferry facility.
Added by Acts 1991, 72nd Leg., ch. 295, § 12, eff. June 7, 1991.
§ 61.022. GOVERNMENT AGENCIES AND
SUBDIVISIONS. (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.
(b) No local government may regulate vehicular traffic so as
to prohibit vehicles from an area of public beach or impose or
increase public beach access, parking, or use fees in any manner
inconsistent with the policies of Section 61.011 of this code or the
rules promulgated thereunder.
(c) A local government proposing to adopt or amend such
vehicular traffic regulations, except those for public safety, or
fees shall submit a plan detailing the proposed action to the
commissioner for review. The commissioner shall certify whether
the proposed action is consistent or inconsistent with such
policies and rules. Certifications of consistency shall be by
adoption into the rules promulgated under Section 61.011.
(d) Subsections (b) and (c) of this section take effect only
on adoption of final rules by the commissioner under Section 61.011
of this code. Subsections (b) and (c) of this section do not apply
to any existing local government traffic regulation or beach
access, parking, or use fee adopted or enacted before the effective
date of Subsections (b) and (c) of this section, and the former law
is continued in effect for the purpose of the existing regulations
and fees, until the regulations or fees are amended or changed in
whole or in part.
(e) State-owned or public land not specifically exempted by
this chapter shall be subject to the same requirements of this
chapter as land owned by private littoral owners except as provided
by Sections 31.161 through 31.167 of this code.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 13, eff. June
7, 1991; Acts 2003, 78th Leg., ch. 245, § 5, eff. June 18, 2003.
§ 61.023. EFFECT ON LAND TITLES AND PROPERTY ADJACENT TO
AND ON BEACHES. The provisions of this subchapter shall not be
construed as affecting in any way the title of the owners of land
adjacent to any state-owned beach bordering on the seaward shore of
the Gulf of Mexico or to the continuation of fences for the
retention of livestock across sections of beach which are not
accessible to motor vehicle traffic by public road or by beach.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.024. EFFECT OF SUBCHAPTER ON DEFINITION OF PUBLIC
BEACH. None of the provisions of this subchapter shall reduce,
limit, construct, or vitiate the definition of public beaches which
has been defined from time immemorial in law and custom.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.025. DISCLOSURE TO PURCHASER OF PROPERTY. (a) A
person who sells or conveys an interest, other than a mineral,
leasehold, or security interest, in real property located seaward
of the Gulf Intracoastal Waterway to its southernmost point and
then seaward of the longitudinal line also known as 97 degrees, 12',
19" which runs southerly to the international boundary from the
intersection of the centerline of the Gulf Intracoastal Waterway
and the Brownsville Ship Channel must include in any executory
contract for conveyance the following statement:
The real property described in this contract is located
seaward of the Gulf Intracoastal Waterway to its southernmost point
and then seaward of the longitudinal line also known as 97 degrees,
12', 19" which runs southerly to the international boundary from
the intersection of the centerline of the Gulf Intracoastal
Waterway and the Brownsville Ship Channel. If the property is in
close proximity to a beach fronting the Gulf of Mexico, the
purchaser is hereby advised that the public has acquired a right of
use or easement to or over the area of any public beach by
prescription, dedication, or presumption, or has retained a right
by virtue of continuous right in the public since time immemorial,
as recognized in law and custom.
The extreme seaward boundary of natural vegetation that
spreads continuously inland customarily marks the landward
boundary of the public easement. If there is no clearly marked
natural vegetation line, the landward boundary of the easement is
as provided by Sections 61.016 and 61.017, Natural Resources Code.
State law prohibits any obstruction, barrier, restraint, or
interference with the use of the public easement, including the
placement of structures seaward of the landward boundary of the
easement. STRUCTURES ERECTED SEAWARD OF THE VEGETATION LINE (OR
OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD OF THE
VEGETATION LINE AS A RESULT OF NATURAL PROCESSES SUCH AS SHORELINE
EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE THE
STRUCTURES.
The purchaser is hereby notified that the purchaser should:
(1) determine the rate of shoreline erosion in the
vicinity of the real property; and
(2) seek the advice of an attorney or other qualified
person before executing this contract or instrument of conveyance
as to the relevance of these statutes and facts to the value of the
property the purchaser is hereby purchasing or contracting to
purchase.
(b) If there is no executory contract for conveyance, the
statement must be delivered to, and receipt thereof acknowledged
by, the purchaser prior to closing the transaction.
(c) Failure to include the statement in an executory
contract for conveyance shall be grounds for the purchaser to
terminate such contract, and upon termination any earnest money
shall be returned to the party making the deposit.
(d) Failure to provide this statement prior to closing,
either in the executory contract for conveyance or in a separate
written statement, shall constitute a deceptive act under Section
17.46, Business & Commerce Code.
(e) This section, or the failure of a person to give or
receive the notice required by this section, does not diminish or
modify the beach access and use rights of the public acquired
through statute or under common law.
Added by Acts 1985, 69th Leg., ch. 350, § 1, eff. Aug. 26, 1985.
Amended by Acts 1987, 70th Leg., ch. 75, § 1, eff. Aug. 31, 1987;
Acts 1999, 76th Leg., ch. 508, § 10, eff. Sept. 1, 1999.
§ 61.026. BEACH ACCESS PUBLIC AWARENESS AND
EDUCATION. (a) The land office in conjunction with the Texas
Department of Transportation shall design and produce a uniform
bilingual beach access sign to be used by local governments to
designate access ways to and from public beaches.
(b) The land office may develop and distribute public
information about the requirements of this chapter, the importance
of natural beach and dune systems, and the necessity for preserving
them. Such information may include public service announcements
made under the direction of the land office.
(c) The Texas A&M University Sea Grant Program shall make
available to public schools materials for natural science classes
which explain the importance of natural beach and dune systems and
the necessity of preserving them.
Added by Acts 1991, 72nd Leg., ch. 295, § 15, eff. June 7, 1991.
Amended by Acts 1995, 74th Leg., ch. 165, § 22(54), eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 245, § 6, eff. June 18, 2003.
SUBCHAPTER C. MAINTENANCE OF THE PUBLIC BEACHES
§ 61.061. PURPOSE. It is the purpose of this subchapter
to allocate responsibility for cleaning the beaches of this state
and to preserve and protect local initiative in the maintenance and
administration of beaches.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.062. PUBLIC POLICY. It is the public policy of
this state that the public, individually and collectively, shall
have the free and unrestricted right of ingress and egress to and
from the state-owned beaches bordering on the seaward shore of the
Gulf of Mexico if the public has acquired a right of use or easement
to or over the area by prescription, dedication, or continuous use.
This creates a responsibility for the state, in its position as
trustee for the public to assist local governments in the cleaning
of beach areas which are subject to the access rights of the public
as defined in Subchapter B of this chapter.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.063. DEFINITIONS. In this subchapter:
(1) "Clean and maintain" means the collection and
removal of litter and debris and the supervision and elimination of
sanitary and safety conditions that would pose a threat to personal
health or safety if not removed or otherwise corrected and includes
the employment of lifeguards, beach patrols, and litter patrols.
(2) "Land office" means the General Land Office.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 114, § 1, eff. Sept.
1, 1991.
§ 61.064. APPLICATION OF SUBCHAPTER. This subchapter
applies to incorporated cities, towns, and villages that are
located or border on the Gulf of Mexico and to all counties that are
located or border on the Gulf of Mexico if the city, town, or
village or county that makes application for funds under this
subchapter has within its boundaries public beaches.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 366, ch. 163, § 1, eff.
Aug. 27, 1979.
§ 61.065. DUTY OF CITIES. (a) It is the duty and
responsibility of the governing body of any incorporated city,
town, or village located or bordering on the Gulf of Mexico to clean
and maintain the condition of all public beaches within the
corporate boundaries.
(b) The duty to clean and maintain the condition of public
beaches does not extend to any public beach within the corporate
boundaries that is owned by the county in which it is located.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.066. DUTY OF COUNTY. It is the duty and
responsibility of the commissioners court of any county located or
bordering on the Gulf of Mexico to clean and maintain the condition
of all public beaches located inside the county but outside the
boundaries of any incorporated city located or bordering on the
Gulf of Mexico and all public beaches owned by the county and
located inside the boundaries of an incorporated city, town, or
village.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.067. DUTY OF STATE. (a) It is the duty and
responsibility of the state to clean and maintain the condition of
all public beaches located within state parks designated by the
department.
(b) The land office shall consult with the department in
adopting rules and procedures for cleaning beaches in state parks
and areas adjacent to state parks.
(c) The land office shall expand the Adopt-A-Beach program
to the greatest extent feasible to enhance the performance of its
duties under this subchapter.
(d) The land office may use any cash, gifts, grants,
donations, or in-kind contributions that it receives from a public
or private entity through the administration of the Adopt-A-Beach
program to assist a municipality, a county, or the department in
performing any duty imposed on the city, county, or department by
this subchapter.
(e) The land office may adopt rules reasonably necessary to
perform its duties under this subchapter.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 114, § 2, eff. Sept.
1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 7.01, eff.
Sept. 1, 1991.
§ 61.068. APPLICATION REQUIREMENT. A city or county
that seeks state funds under this subchapter to clean the public
beaches must submit an application to the land office.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 114, § 3, eff. Sept.
1, 1991.
§ 61.069. CONTENTS OF APPLICATION. To be approved, the
application must provide:
(1) for the administration or supervision of the
public beaches of the city or county by a beach park board of
trustees, county parks board, commissioners court, or other
administrative body that the legislature may from time to time
authorize, and provide that the board or agency will have adequate
authority to administer an effective program of keeping clean the
public beaches within its jurisdiction;
(2) for the receipt by the city or county treasurer or
other officer exercising similar functions, if there is no city or
county treasurer, of all funds paid to the city or county under this
subchapter and provide for the proper safeguarding of the funds by
the officer, provide that the funds will be spent solely for the
purposes for which they are paid, and provide for the repayment by
the city or county of any funds lost or diverted from the purposes
for which paid;
(3) that the governing body of the city or county will
make reports as to amounts and categories of expenditures that the
land office may from time to time require;
(4) that entrance to all public beaches under the
jurisdiction of the governing body of the city or county is free of
charge; and
(5) for the establishment, maintenance, and
administration of at least one beach park by the city or county
which meets the minimum requirements of size and facilities
available to the public as determined by the land office.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 114, § 4, eff. Sept.
1, 1991.
§ 61.070. PARKING AND USE FEES. Subsection (4), Section
61.069 of this code shall not be construed to prohibit the
assessment of a reasonable fee for off-beach parking or for the use
of facilities provided for the use and convenience of the public.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.071. COMPLIANCE BEFORE APPROVAL. The land office
shall not approve any application that fails to meet the conditions
specified in Section 61.069 of this code.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 114, § 5, eff. Sept.
1, 1991.
§ 61.072. STATE FUNDS. The land office shall pay to
each city or county that has an application approved under Sections
61.068 through 61.070 of this code from appropriations that are
made available the state share for cleaning and maintenance of
public beaches.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 114, § 6, eff. Sept.
1, 1991.
§ 61.073. CONDITIONS FOR PAYMENTS. No payments shall be
made under this subchapter until the land office finds that:
(1) there will be available in the budget of the city
or county not less than $20,000 to clean and maintain public beaches
within its jurisdiction for the state fiscal year for which
reimbursement is sought; and
(2) there will be available in the budget of the city
or county for the purpose of cleaning and maintaining the public
beaches within its jurisdiction for the state fiscal year for which
reimbursement is sought an amount not less than the total amount
spent by the city or county to clean the beaches in the state fiscal
year ending August 31, 1969.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 114, § 7, eff. Sept.
1, 1991.
§ 61.074. SUBMISSION OF PROPOSED EXPENDITURES. A city
or county that seeks reimbursement under the provisions of this
subchapter shall submit to the land office proposed expenditures
for cleaning and maintaining the public beaches.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 114, § 8, eff. Sept.
1, 1991.
§ 61.075. FAIR DISTRIBUTION OF FUNDS. The land office
shall distribute the state share to the cities and counties in a
fair and impartial manner and under procedures and accounting
methods to be adopted by the land office.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 114, § 9, eff. Sept.
1, 1991.
§ 61.076. LIMITATION ON STATE SHARE. (a) No city or
county may receive as its state share an amount that is greater than
two-thirds of the amount the city or county spends for the purpose
of cleaning and maintaining public beaches within its jurisdiction
during the state fiscal year for which reimbursement is sought.
(b) The land office shall allocate the state share to
eligible cities and counties taking into account the frequency with
which public beaches within the jurisdiction of the cities and
counties are used.
(c) For purposes of determining the maximum amount of money
a municipality may receive under Subsection (a), money received
under Section 156.2511, Tax Code:
(1) is not included in determining the amount the
municipality spends to clean and maintain public beaches during the
state fiscal year for which reimbursement is sought; and
(2) is included as part of the state share.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 114, § 10, eff. Sept.
1, 1991; Acts 1995, 74th Leg., ch. 454, § 9, eff. Sept. 1, 1995.
§ 61.077. FUNDS FOR ADMINISTRATIVE PURPOSES AND
EMERGENCIES. (a) The land office may use for administrative
purposes not more than 10 percent of the appropriated funds for any
state fiscal year.
(b) The land office may withhold a portion of the
appropriated funds to maintain a reserve emergency fund to be used
for cleaning beaches in the event of a catastrophe, such as an oil
spill, an influx of seaweed, or other major interference with
public recreational use of public beaches.
Acts 1977, 65th Leg., p. 2483, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 114, § 11, eff. Sept.
1, 1991.
§ 61.078. AUTHORITY TO SPEND COUNTY FUNDS. The
commissioners court of any county located or bordering on the Gulf
of Mexico may spend from any available fund the amount it considers
necessary to carry out the responsibilities provided in this
subchapter.
Acts 1977, 65th Leg., p. 2483, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.079. NOTICE OF INELIGIBILITY. After reasonable
notice and opportunity for a hearing to a city or county that is
receiving funds under the provisions of this subchapter, if the
land office finds that the city or county no longer complies with
the requirements of this subchapter, it shall notify the city or
county that further payments will not be made until the land office
is satisfied that there is no longer any failure to comply.
Acts 1977, 65th Leg., p. 2483, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 114, § 12, eff. Sept.
1, 1991.
§ 61.080. PUBLIC BEACHES IN INELIGIBLE CITY. (a) The
governing body of any incorporated city located or bordering on the
Gulf of Mexico that is not entitled to receive funds under this
subchapter may contract with the commissioners court of the county
in which the city is located to allow the county to clean the
beaches within the corporate limits of the city.
(b) The city may apply to the land office for rebates of 40
percent of the contract price, and the city is not required to meet
the terms and conditions imposed in Section 61.069 of this code
unless otherwise provided by law.
(c) The land office shall make the rebates at the close of
each fiscal year on a showing by the city that entrance to all
public beaches under the jurisdiction of the city is free of charge.
(d) This section shall not be construed to prohibit the
assessment of a reasonable fee for off-beach parking or the use of
facilities provided for the use and convenience of the public.
Acts 1977, 65th Leg., p. 2483, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 114, § 13, eff. Sept.
1, 1991.
§ 61.081. PUBLIC BEACHES IN INELIGIBLE
COUNTY. (a) The commissioners court of a county that is not
entitled to receive funds under this subchapter may contract with
the commissioners court of any adjacent county that is entitled to
receive funds under this subchapter to allow the adjacent county to
clean the public beaches of the ineligible county.
(b) The contracting county that is not entitled to receive
funds under this subchapter may apply to the land office for rebates
of 40 percent of the contract price, but the ineligible county is
not required to meet the terms and conditions imposed in Section
61.069 of this code.
(c) The land office shall make the rebates at the close of
each state fiscal year on a showing by the ineligible county that
entrance to all public beaches under the jurisdiction of the county
is free of charge.
(d) This section shall not be construed to prohibit the
assessment of a reasonable fee for off-beach parking or for the use
of facilities provided for the use and convenience of the public.
Acts 1977, 65th Leg., p. 2483, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 114, § 14, eff. Sept.
1, 1991.
§ 61.082. AUTHORITY OF LOCAL GOVERNMENTS. (a) The
provisions of this subchapter shall not be construed to interfere
with local initiative and responsibility in the cleaning,
maintenance, and supervision of public beaches.
(b) The administration of public beaches, the selection of
personnel, and the determination of the best uses of the funds
insofar as is consistent with the purposes of this subchapter are
reserved to the several political subdivisions receiving funds
under this subchapter.
Acts 1977, 65th Leg., p. 2484, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.083. EXEMPTIONS FROM SUBCHAPTER. None of the
provisions of this subchapter apply to any beach area that does not
border on the Gulf of Mexico or to any island or peninsula that is
not accessible by a public road or common carrier ferry facility as
long as that condition exists.
Acts 1977, 65th Leg., p. 2484, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER D. COUNTY REGULATION OF PUBLIC USE OF BEACHES
§ 61.121. DEFINITION. In this subchapter, "beach"
shall have the same definition as provided in Section 61.012 of this
code.
Acts 1977, 65th Leg., p. 2484, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.122. COUNTY REGULATORY AUTHORITY. (a) The
commissioners court of a county bordering on the Gulf of Mexico or
its tidewater limits, by order, may regulate motor vehicle traffic
on any beach within the boundaries of the county, including
prohibiting motor vehicle traffic on any natural or man-made sand
dune or other form of shoreline protection, and may prohibit the
littering of the beach and may define the term "littering."
(b) The commissioners court of a county bordering the Gulf
of Mexico or its tidewaters, by order, may regulate the possession
of animals on the beach within its boundaries, including but not
limited to prohibiting animals to run at large on said beach.
(c) The commissioners court of a county bordering the Gulf
of Mexico or its tidewaters, by order, may regulate swimming in
passes leading to and from the Gulf of Mexico, located within its
boundaries, including but not limited to prohibiting swimming in
said passes and posting signs notifying persons of such regulation
or prohibition.
(d) The commissioners court of a county bordering on the
Gulf of Mexico or its tidewater limits, by order, may prohibit the
use and possession of all glass containers and products on a beach
in the unincorporated area of the county. The commissioners court
shall not prohibit any one or several glass products to the
exclusion of any others.
(e) Regulation under Subsection (a) of this section that
prohibits vehicles from an area of public beach is subject to
Section 61.022 of this code.
Acts 1977, 65th Leg., p. 2484, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 775, ch. 341, § 1, eff.
Aug. 27, 1979; Acts 1991, 72nd Leg., ch. 295, § 16, eff. June 7,
1991; Acts 2001, 77th Leg., ch. 164, § 2, 3, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 243, § 1, eff. May 22, 2001.
§ 61.123. NOTICE OF HEARING. (a) Before the
commissioners court adopts an order under Section 61.122 of this
code, it must publish notice of the intention to adopt the order in
at least one newspaper with general circulation in the county.
(b) The notice shall state the time and place of the public
hearing on the proposed order and that interested persons may
obtain copies of the proposed order from the commissioners court.
Acts 1977, 65th Leg., p. 2484, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.124. COPIES OF ORDER. The commissioners court
shall make copies of the proposed order available to interested
persons.
Acts 1977, 65th Leg., p. 2484, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.125. PUBLIC HEARING. (a) Not less than one month
but more than two weeks after notice is published, the
commissioners court shall conduct a hearing at the time and place
stated in the notice.
(b) At the hearing, the commissioners shall allow all
interested persons to express their views on the proposed order.
Acts 1977, 65th Leg., p. 2484, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.126. TRAFFIC REGULATIONS. If the order includes a
traffic regulation, the order shall provide for signs that are
designed and posted in compliance with the current provisions of
the Texas Manual on Traffic Control Devices for Streets and
Highways, stating the applicable speed limit, parking requirement,
or that vehicles are prohibited.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.127. CRIMINAL PENALTIES. In any order adopted
under this subchapter, the commissioners court may adopt the
following criminal penalties for violation of the order:
(1) for a first conviction, a fine of not less than
$50; nor more than $100;
(2) for a second conviction, a fine of not less than
$100 nor more than $200;
(3) for any subsequent convictions after the second
conviction, a fine of not less than $200 nor more than $1,000 or
confinement in the county jail for not more than 60 days, or both.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 585, § 3, eff. Sept.
1, 1985.
§ 61.128. ORDER PREVAILS OVER STATE LAW. If an order
adopted under this subchapter conflicts with the general law of the
state, the order shall control over the state law, and in cases of
violation, prosecution may be maintained only under the order.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.129. ORDINANCE PREVAILS OVER ORDER AND STATE
LAW. (a) Except as provided in Section 61.022 of this code, this
subchapter does not limit the power of an incorporated city, town,
or village bordering on the Gulf of Mexico or any adjacent body of
water to regulate motor vehicle traffic and prohibit littering on
any beach within its corporate limits.
(b) If these regulatory ordinances are adopted by a city,
town, or village and the ordinance conflicts with the general law of
the state or with an order of the commissioners court adopted under
this subchapter, and the ordinance is consistent with policies and
rules under Section 61.011 of this code, the ordinance shall
control over the state law and the order, and in cases of violation,
prosecution may be maintained only under the ordinance.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 17, eff. June
7, 1991.
§ 61.130. RIGHTS OF THE PUBLIC. The right of the public
to use the public beaches defined in this subchapter is inviolate
and is subject only to orders adopted by a commissioners court under
this subchapter and to ordinances enacted by an incorporated city,
town, or village.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.131. EFFECT OF SUBCHAPTER ON DEFINITION OF PUBLIC
BEACH. None of the provisions of this subchapter shall reduce,
limit, construct, or vitiate the definition of public beaches which
has been defined from time immemorial in law and custom.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER E. LICENSES FOR BUSINESS ESTABLISHMENTS
§ 61.161. PUBLIC POLICY. It is the public policy of
this state that the state-owned beaches bordering on the seaward
shore of the Gulf of Mexico, and any larger area extending from the
line of mean low tide to the line of vegetation bordering on the
Gulf of Mexico, if the public has acquired a right of use or
easement to or over the area by the prescription or dedication or
has retained a right by virtue of continuous right in the public,
shall be used primarily for recreational purposes, and any use
which substantially interferes with the enjoyment of the beach area
by the public shall constitute an offense against the public policy
of the state. Nothing in this subchapter prevents any agency,
department, political subdivision, or municipal corporation of
this state from exercising its lawful authority under any law of
this state to regulate safety conditions on any beach area subject
to public use.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.162. FINDINGS. (a) The legislature finds that
the operation and maintenance of business establishments at fixed
or permanent locations on the public beaches of this state
bordering on the seaward shore of the Gulf of Mexico constitute a
potential public health hazard and a substantial interference with
the free and unrestricted rights of ingress and egress of the
public, both individually and collectively, to and from the
state-owned beaches bordering on the seaward shore of the Gulf of
Mexico or any larger area extending from the line of mean low tide
to the line of vegetation bordering on the Gulf of Mexico if the
public has acquired a right of use or easement to or over the area by
prescription, dedication, or has retained a right by virtue of
continuous right in the public.
(b) The legislature finds that a reasonable number of mobile
business establishments which traverse the public beach while doing
business are beneficial to the public interest and do not interfere
with the free and unrestricted rights of ingress and egress of the
public as provided in this subchapter.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.163. DEFINITION. In this subchapter, "business
establishment" means any structure or vehicle where any commodity
including memberships in any private club or other similar
organization is offered to the public for sale or lease but does not
include any structure or vehicle where only services are offered to
the public for sale.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.164. APPLICATION. A person who desires to operate
a mobile business establishment on a public beach located outside
the municipal limits of an incorporated city shall submit a written
application to the county of jurisdiction.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1995, 74th Leg., ch. 399, § 1, eff. Aug.
28, 1995.
§ 61.165. CONTENTS OF APPLICATION. The application
shall include:
(1) the name and street address of the applicant;
(2) the commodity to be sold or leased; and
(3) the limits of the territory within which the
mobile business establishment will operate.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.166. FILING FEE. (a) The application shall be
accompanied by a filing fee in an amount determined by the county.
(b) The filing fee may be used by the county to pay the
expenses of carrying out the provisions of this subchapter.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 267, art. 2, § 75,
eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 63, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 399, § 2, eff. Aug. 28,
1995.
§ 61.167. SEPARATE APPLICATIONS. Any applicant who
plans to operate more than one mobile business establishment must
file a separate application accompanied by a separate filing fee
for each mobile business establishment that he seeks to have
licensed.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.168. GRANTING LICENSE. (a) On finding that the
issuance of a license is consistent with recreational needs and the
public welfare, and that the mobile business establishment would
not create a traffic or safety hazard, and on compliance with this
subchapter by the applicant, the county shall grant the license.
(b) The license shall be valid for a term selected by the
county, not to exceed two years from the day it is issued.
(c) If the license is not granted, the county shall return
the filing fee to the applicant.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 342, § 1, eff. June
10, 1985; Acts 1995, 74th Leg., ch. 399, § 3, eff. Aug. 28, 1995.
§ 61.169. APPLICATIONS NOT TO BE GRANTED. The county
shall not grant an application:
(1) for a business establishment located at a fixed or
permanent location on a public beach; or
(2) that does not otherwise meet the terms and
provisions of this subchapter.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1995, 74th Leg., ch. 399, § 4, eff. Aug.
28, 1995.
§ 61.170. LICENSE PROHIBITION AGAINST GLASS
CONTAINERS. (a) Each license granted under this subchapter
authorizing the sale of commodities on a public beach shall include
a prohibition against the sale of any commodity in a glass
container.
(b) Any person selling a commodity in a glass container on a
public beach outside the boundaries of any incorporated city shall
have his rights conferred by the license immediately terminated and
revoked as provided in Section 61.172 of this code.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.171. ASSIGNMENT. No license issued under this
subchapter may be assigned.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.172. TERMINATION AND REVOCATION OF
LICENSE. (a) The failure or refusal of the licensee to comply
with the terms and conditions of a license shall operate as an
immediate termination and revocation of all rights conferred in or
claimed under the license.
(b) The termination and revocation of the license is not
effective until notice is delivered by mail to the address of the
licensee listed on the application for the license.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.173. MAXIMUM TERRITORIAL LIMITS. (a) If
territorial limitations are applied uniformly to all applicants
seeking to operate mobile business establishments in the territory,
the county may establish maximum territorial limits over which
mobile business establishments may operate.
(b) A license to sell or lease only surfboards and related
equipment may not be limited as to the territory over which the
mobile business establishment may operate.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1995, 74th Leg., ch. 399, § 5, eff. Aug.
28, 1995.
§ 61.174. ADDITIONAL STANDARDS. In addition to other
standards provided in this subchapter, it is the intention of the
legislature that the county exercise the authority delegated to it
under this subchapter according to the following considerations:
(1) that the number of mobile business establishments
licensed by the county should not constitute a substantial
interference with the free and unrestricted rights of ingress and
egress of the public provided in this subchapter;
(2) that the number of licenses issued by the county
under this subchapter are sufficient to ensure free and
unrestricted competition in selling or leasing of commodities to
the public; and
(3) that no person should be allowed to operate any
mobile business establishment on any public beach in restraint of
trade or competition by which the person controls all or
substantially all the business establishments on the public beach
licensed by the county.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1995, 74th Leg., ch. 399, § 6, eff. Aug.
28, 1995.
§ 61.175. RULES, PROCEDURES, AND CONDITIONS. The
county may establish additional rules, procedures, and conditions
necessary or appropriate to carry out the purposes of this
subchapter.
Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1995, 74th Leg., ch. 399, § 7, eff. Aug.
28, 1995.
§ 61.176. AREAS EXEMPT FROM SUBCHAPTER. This
subchapter does not apply to a public beach that is within the
boundaries of a state park designated by the department or to a
remote beach on any island or peninsula which is not accessible by
public road or common carrier ferry facility as long as that
condition exists.
Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.177. PENALTY. A person, who for himself or on
behalf of or under the direction of another person, operates any
business establishment, whether mobile or at a fixed or permanent
location, on any public beach outside the boundaries of any
incorporated city without first obtaining a license to operate the
business establishment from the county shall be fined not less than
$10 nor more than $200.
Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1995, 74th Leg., ch. 399, § 8, eff. Aug.
28, 1995.
§ 61.178. ENFORCEMENT. At the request of a county,
department game wardens will assist with enforcement of the
provisions of this Act, or permits issued hereunder, along with any
other state or local law enforcement entities with jurisdiction
over public beaches.
Added by Acts 1995, 74th Leg., ch. 399, § 9, eff. Aug. 28, 1995.
SUBCHAPTER F. REMOVAL OF SAND, MARL, GRAVEL, AND SHELL
§ 61.211. FINDINGS. The legislature finds that the
unregulated excavation, taking, removal, and carrying away of sand,
marl, gravel, and shell from islands and peninsulas bordering on
the Gulf of Mexico and from the public beaches of the state
constitute a substantial interference with public enjoyment of
Texas beaches and a hazard to life and property.
Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.212. EXEMPTIONS FROM SUBCHAPTER. (a) The
provisions of this subchapter do not apply:
(1) to excavating, taking, removing, or carrying away
sand, marl, gravel, or shell made for the purpose of constructing
improvements on real property if the improvements are constructed
on the property on which the excavating, taking, removing, or
carrying away occurs;
(2) to any landowner who desires to shift sand, marl,
gravel, or shell from one location to another on land wholly owned
by him; or
(3) to any agency of the federal or state government or
any county, city, or other political subdivision or any of their
agents or officers acting in their official capacities.
(b) Any person who holds a lease that was issued by the state
under Chapter 377, Acts of the 57th Legislature, Regular Session,
1961 (Article 5415e, Vernon's Texas Civil Statutes), before it was
repealed shall be treated as an owner of the land and shall be
entitled to excavate, take, remove, and carry away sand, marl,
gravel, or shell for the purposes provided in Subsection (a) of this
section without obtaining a permit from the commissioners court.
Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.213. APPLICATION. Before a person excavates,
takes, removes, or carries away sand, marl, gravel, or shell from
land located on an exposed island or peninsula bordering on the Gulf
of Mexico or from land located within 1,500 feet of a mainland
public beach that is located outside the boundaries of an
incorporated city, town, or village, he must submit a written
application to the commissioners court of the county in which the
excavation, taking, removal, or carrying away is to take place.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.214. CONTENTS OF APPLICATION. The application
shall include:
(1) the name of the applicant;
(2) the location and dimensions of the proposed
excavation;
(3) the property interest or contractual right that
enables the applicant to excavate, take, remove, or carry away
sand, marl, gravel, or shell; and
(4) certification by the county treasurer, or other
official exercising similar authority if there is no county
treasurer, that the applicant has deposited a filing fee of $50.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.215. PREREQUISITES TO ISSUANCE OF PERMIT. No
permit may be issued by the commissioners court under this
subchapter to excavate, take, remove, or carry away sand, marl,
gravel, or shell from land owned by the state, public beach, or
privately owned land that is subject to this subchapter and that is
not located on a public beach, unless the applicant is the owner of
the land on which the proposed excavating, taking, removing, or
carrying away is to take place or unless the applicant is acting
with the knowledge and consent of the owner.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.216. NOTICE OF APPLICATIONS RECEIVED. (a) The
commissioners court shall give public notice of all applications
received for permits to excavate, take, remove, or carry away sand,
marl, gravel, or shell.
(b) The notice shall be published once in a newspaper of
general circulation in the county.
(c) The notice shall include the name of the applicant and
the location and dimensions of the proposed activity.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.217. PUBLIC HEARING. (a) The commissioners court
shall hold a public hearing if the hearing is requested by any
citizen within 10 days after notice is published under Section
61.216 of this code.
(b) The hearing may not be held less than 30 days from the
date of the first publication of notice under Section 61.218 of this
code.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.218. NOTICE OF PUBLIC HEARING. Notice of the
public hearing shall be published at least once a week for at least
two weeks in a newspaper of general circulation in the county.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.219. ISSUANCE OF PERMIT. (a) On a finding that
the proposed excavating, taking, removing, or carrying away would
not create hazardous conditions or imperil lives or property by
exposing the island or peninsula or public beach to the ravages of
storm water, the commissioners court may issue a permit to the
applicant, and it shall be valid for six months from the date of its
issuance.
(b) The decision to issue a permit shall be made with the
advice and counsel of the county engineer in counties in which the
commissioners court employs a county engineer.
(c) None of the provisions of this subchapter prohibit a
commissioners court from issuing a permit to a person who holds a
right-of-way easement granted by the commissioner for a pipeline to
cross state land, provided the applicant complies with the
provisions of this subchapter relating to the issuance of permits.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.220. RETURN OF FILING FEE. If the commissioners
court refuses to issue the permit, the applicant may recover his
filing fee from the county treasurer or other official exercising
similar authority if there is no county treasurer.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.221. ASSIGNMENT OF PERMITS. No permit may be
assigned without the approval of the commissioners court.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.222. TERMINATION AND REVOCATION OF
PERMIT. Failure or refusal of the permittee to comply with the
terms and conditions of the permit operates as an immediate
termination and revocation of all rights conferred by or claimed
under the permit.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.223. SUITS FOR ORDERS AND INJUNCTIONS. The
attorney general, any county attorney, district attorney, or
criminal district attorney of the state shall file in a district
court in the county in which the conduct takes place, a suit seeking
temporary or permanent court orders or injunctions to prohibit any
excavating, taking, removing, or carrying away of any sand, marl,
gravel, or shell from land located on an exposed island or peninsula
bordering on the Gulf of Mexico or from land located within 1,500
feet of a public beach of this state if the land is located outside
the boundaries of an incorporated city, town, or village in
violation of the provisions of this subchapter.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.224. PENALTY. A person who for himself or on
behalf of or under the direction of another person excavates,
takes, removes, or carries away sand, marl, gravel, or shell from
land located on an exposed island or peninsula bordering on the Gulf
of Mexico or from land located within 1,500 feet of a public beach
of this state, if the land is located outside the boundaries of any
incorporated city, town, or village, in violation of the provisions
of this subchapter shall be fined not less than $10 nor more than
$200. Each day a violation occurs constitutes a separate offense.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.225. SAND, MARL, GRAVEL, OR SHELL FROM PUBLIC
BEACHES WITHIN INCORPORATED CITIES, TOWNS, OR VILLAGES. No
incorporated city, town, or village having within its boundaries a
public beach may authorize a person to excavate, take, remove, or
carry away any sand, marl, gravel, or shell from the public beach
except for the construction of a publicly owned and operated
recreational facility or for the construction of a shoreline
protection structure.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.226. APPLICATION OF SUBCHAPTER TO CERTAIN ISLANDS
AND PENINSULAS. The provisions of this subchapter do not apply to
any island or peninsula that is not accessible by a public road or
common carrier ferry facility as long as that condition continues.
Acts 1977, 65th Leg., p. 2491, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 61.227. AUTHORITY OF PARKS AND WILDLIFE
DEPARTMENT. None of the provisions of this subchapter may be
construed to repeal or modify the provisions of Chapter 86, Parks
and Wildlife Code, which relate to the powers and duties of the
Parks and Wildlife Department over matters pertaining to the sale,
taking, carrying away, or disturbing of sand, marl, gravel, or
shell of commercial value and gravel, shells, mud shell, and oyster
beds and their protection from free use and unlawful disturbing or
appropriation, nor may this subchapter be construed to create
additional or supplemental requirements or procedures to those
provided in Chapter 86, Parks and Wildlife Code.
Acts 1977, 65th Leg., p. 2491, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER G. PERMITS FOR MASS GATHERINGS
§ 61.251. DEFINITION. In this subchapter, "mass
gathering" means a gathering that attracts or is expected to
attract more than 200 individuals who will remain at the location of
the gathering for more than two continuous hours.
Added by Acts 2001, 77th Leg., ch. 1109, § 1, eff. June 15, 2001.
§ 61.252. PERMIT REQUIREMENTS. (a) To protect the
public health, safety, and welfare, the commissioners court of a
county bordering on the Gulf of Mexico or its tidewater limits, by
order, may regulate mass gatherings of individuals on any beach in
the unincorporated area of the county by requiring a person to
obtain a permit and pay a permit fee set by the commissioners court
before the person may hold a mass gathering.
(b) A commissioners court that requires a permit under this
subchapter must adopt procedures governing the application for and
issuance of a permit under this subchapter. The commissioners
court may require the holder of the permit to take reasonable
specified actions to protect the public health, safety, and
welfare.
Added by Acts 2001, 77th Leg., ch. 1109, § 1, eff. June 15, 2001.
§ 61.253. INJUNCTION. The county is entitled to
appropriate injunctive relief to prevent the violation or
threatened violation of an order adopted under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1109, § 1, eff. June 15, 2001.
§ 61.254. CRIMINAL PENALTY. A person commits an offense
if the person violates an order adopted under this chapter. An
offense under this section is a Class B misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1109, § 1, eff. June 15, 2001.
