CHAPTER 61. USE AND MAINTENANCE OF PUBLIC BEACHES
NATURAL RESOURCES CODE
TITLE 2. PUBLIC DOMAIN
SUBTITLE E. BEACHES AND DUNES
CHAPTER 61. USE AND MAINTENANCE OF PUBLIC BEACHES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 4,
eff. June 7, 1991.
SUBCHAPTER B. ACCESS TO PUBLIC BEACHES
Sec. 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, the use on a public
beach of a golf cart, as defined by Section 502.001,
Transportation Code, for the transportation of a person with a
physical disability, 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, including procedures
for expedited review of beach access and use plans under Section
61.015;
(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;
(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;
(8) the determination of the line of vegetation or natural line
of vegetation;
(9) the factors to be considered in determining whether a
structure, improvement, obstruction, barrier, or hazard on the
public beach:
(A) constitutes an imminent hazard to safety, health, or public
welfare; or
(B) substantially interferes with the free and unrestricted
right of the public to enter or leave the public beach or
traverse any part of the public beach; and
(10) the procedures for determining whether a structure is not
insurable property for purposes of Section 2210.004, Insurance
Code, because of the factors listed in Subsection (h) of that
section.
(e) Repealed by Acts 2003, 78th Leg., ch. 245, Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 5,
eff. June 7, 1991; Acts 2003, 78th Leg., ch. 245, Sec. 1, 9, eff.
June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 10, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
40, Sec. 1, eff. May 19, 2009.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1607, ch. 681,
Sec. 2, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 4818, ch.
850, Sec. 1, eff. June 19, 1983; Acts 1991, 72nd Leg., ch. 295,
Sec. 6, eff. June 7, 1991.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1607, ch. 681,
Sec. 1, eff. Aug. 27, 1979; Acts 1991, 72nd Leg., ch. 295, Sec.
7, eff. June 7, 1991.
Sec. 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 90 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 a
development plan for small-scale construction activity that
includes 5,000 square feet or less or habitable structures two
stories or less in height to the commissioner no less than 10
working days prior to acting on the development plan. The local
government shall forward a development plan for large-scale
construction activity that includes more than 5,000 square feet
or habitable structures more than two stories in height to the
commissioner no less than 30 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 8,
eff. June 7, 1991; Acts 2003, 78th Leg., ch. 245, Sec. 2, eff.
June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 11, eff. September 1, 2007.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 9,
eff. June 7, 1991.
Sec. 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.
(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.
Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1995, 74th Leg., ch. 593, Sec. 1,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 331, Sec. 1, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 999, Sec. 1, eff. Sept.
1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
377, Sec. 1, eff. June 19, 2009.
Sec. 61.018. ENFORCEMENT. (a) Except as provided by Subsection
(a-1), 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.
(a-1) A county attorney, district attorney, or criminal district
attorney or the attorney general may not file a suit under
Subsection (a) to obtain a temporary or permanent court order or
injunction, either prohibitory or mandatory, to remove a house
from a public beach if:
(1) the line of vegetation establishing the boundary of the
public beach moved as a result of a meteorological event that
occurred before January 1, 2009;
(2) the house was located landward of the natural line of
vegetation before the meteorological event;
(3) a portion of the house continues to be located landward of
the line of vegetation; and
(4) the house is located on a peninsula in a county with a
population of more than 250,000 and less than 251,000 that
borders the Gulf of Mexico.
(a-2) The owner of a house described by Subsection (a-1) may
repair or rebuild the house if the house was damaged or destroyed
by the meteorological event.
(a-3) Notwithstanding Subsection (a-1), a county attorney,
district attorney, or criminal district attorney or the attorney
general may file a suit under Subsection (a) to obtain a
temporary or permanent court order or injunction, either
prohibitory or mandatory, to remove a house described by
Subsection (a-1) from a public beach if the house was damaged or
destroyed by the meteorological event and the owner of the house
fails to repair or rebuild the house before September 1, 2013.
(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 or a removal
order issued by the commissioner as provided by Section 61.0183.
(c) A person who violates this chapter or a removal order issued
by the commissioner as provided by Section 61.0183 is liable for
a civil penalty of not less than $50 nor more than $2,000. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 10,
eff. June 7, 1991; Acts 2003, 78th Leg., ch. 245, Sec. 3, eff.
June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 12, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1417, Sec. 1, eff. January 1, 2010.
Sec. 61.0181. ADMINISTRATIVE PENALTY. The commissioner may
assess an administrative penalty against a person who violates
this chapter or a rule adopted under this chapter in the amount
provided by Section 61.018(c) for a civil penalty. In
determining the amount of the penalty, the commissioner shall
consider:
(1) the seriousness of the violation, including the nature,
circumstances, extent, and gravity of the violation and the
hazard or damage caused thereby;
(2) the degree of cooperation and quality of response;
(3) the degree of culpability and history of previous violations
by the person subject to the penalty;
(4) the amount necessary to deter future violations; and
(5) any other matter that justice requires.
Added by Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 13, eff. September 1, 2007.
Sec. 61.0182. ENFORCEMENT PROVISIONS CUMULATIVE. This
subchapter is cumulative of all other applicable penalties,
remedies, and enforcement and liability provisions.
Added by Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 13, eff. September 1, 2007.
Sec. 61.0183. REMOVAL OF CERTAIN STRUCTURES, IMPROVEMENTS,
OBSTRUCTIONS, BARRIERS, AND HAZARDS ON PUBLIC BEACH. (a) The
commissioner may order the removal of a structure, improvement,
obstruction, barrier, or hazard from a public beach if the
commissioner finds the structure, improvement, obstruction,
barrier, or hazard to be on the public beach as defined by
Section 61.013(c) and:
(1) the structure, improvement, obstruction, barrier, or hazard
was constructed or placed on the beach in a manner that is
inconsistent with the local government's beach access and use
plan; or
(2) the structure, improvement, obstruction, or barrier
constitutes an imminent hazard to safety, health, or public
welfare.
(b) The decision to remove a structure, improvement,
obstruction, barrier, or hazard under this section is
discretionary with the commissioner. This section does not
impose a duty on the state to remove a structure, improvement,
obstruction, barrier, or hazard or to remedy or warn of a
hazardous condition on the public beach.
(c) The commissioner may contract for the removal and disposal
of a structure, improvement, obstruction, barrier, or hazard
under this section and may pay the costs of removal from money
appropriated by the legislature.
Added by Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 13, eff. September 1, 2007.
Sec. 61.0184. NOTICE REQUIREMENTS; ORDERS AND HEARINGS. (a)
The commissioner shall make a determination that a structure is
located on the public beach, assess an administrative penalty,
and pursue the removal of a structure, improvement, obstruction,
barrier, or hazard from a public beach in accordance with this
section.
(b) Before the commissioner may notify the Texas Windstorm
Insurance Association as provided by Section 2210.004, Insurance
Code, regarding the status of property, the commissioner must
give written notice and an opportunity for a hearing to a person
who is constructing, maintains, controls, owns, or possesses the
structure, improvement, obstruction, barrier, or hazard on the
public beach. The notice must state that:
(1) the commissioner finds that a specific structure is located
on the public beach as determined under this chapter, and:
(A) constitutes an imminent hazard to safety, health, or public
welfare; or
(B) substantially interferes with the free and unrestricted
right of the public to enter or leave the public beach or
traverse any part of the public beach;
(2) the commissioner intends to notify the Texas Windstorm
Insurance Association of a determination in accordance with
Section 2210.004, Insurance Code; and
(3) the person who is constructing, maintains, controls, owns,
or possesses the structure, improvement, obstruction, barrier, or
hazard located on the public beach may submit, not later than the
30th day after the date on which the notice is served, written
request for a hearing to contest the determination.
(c) Before the commissioner may order the removal of a
structure, improvement, obstruction, barrier, or hazard under
Section 61.0183 or impose an administrative penalty under Section
61.0181, the commissioner must provide written notice to the
person who is constructing, maintains, controls, owns, or
possesses the structure, improvement, obstruction, barrier, or
hazard. The notice must:
(1) describe the specific structure, improvement, obstruction,
barrier, or hazard that violates this subchapter;
(2) state that the person who is constructing, maintains,
controls, owns, or possesses the structure, improvement,
obstruction, barrier, or hazard is required to remove the
structure, improvement, obstruction, barrier, or hazard:
(A) not later than the 30th day after the date on which the
notice is served, if the structure, improvement, obstruction,
barrier, or hazard is obstructing access to or use of the public
beach; or
(B) within a reasonable time specified by the commissioner if
the structure, improvement, obstruction, barrier, or hazard is an
imminent and unreasonable threat to public health, safety, or
welfare;
(3) state that failure to remove the structure, improvement,
obstruction, barrier, or hazard may result in liability for a
civil penalty under Section 61.018(c), removal by the
commissioner and liability for the costs of removal, or any
combination of those remedies; and
(4) state that the person who is constructing, maintains,
controls, owns, or possesses the structure, improvement,
obstruction, barrier, or hazard may submit, not later than the
30th day after the date on which the notice is served, written
request for a hearing.
(d) A person is considered to be the person who owns, maintains,
controls, or possesses an improvement, obstruction, barrier, or
other encroachment on the public beach for purposes of this
section if the person is the person who most recently owned,
maintained, controlled, or possessed the improvement,
obstruction, barrier, or other encroachment on the public beach.
(e) The notice required by Subsection (b) must be given:
(1) by service in person, by registered or certified mail,
return receipt requested, or by priority mail; or
(2) if personal service cannot be obtained or the address of the
person responsible is unknown, by posting a copy of the notice on
the structure, improvement, obstruction, barrier, or hazard and
by publishing notice in a newspaper with general circulation in
the county in which the structure, improvement, obstruction,
barrier, or hazard is located at least two times within 10
consecutive days.
(f) The commissioner by rule may adopt procedures for a hearing
under this section.
(g) The commissioner must grant a hearing before an
administrative law judge employed by the State Office of
Administrative Hearings if a hearing is requested. A person who
does not request a hearing within 30 days after the date on which
the notice is served waives all rights to judicial review of the
commissioner's findings or orders and shall immediately remove
the structure, improvement, obstruction, barrier, or hazard and
pay any penalty assessed. If a hearing is held, the commissioner
may issue a final order approving the proposal for decision
submitted by the administrative law judge concerning a
determination regarding whether a structure is not insurable
property for purposes of Section 2210.004, Insurance Code,
because of the factors listed in Subsection (h) of that section
or concerning removal of the structure, improvement, obstruction,
barrier, or hazard and payment of a penalty. The commissioner
may change a finding of fact or conclusion of law made by the
administrative law judge or may vacate or modify an order issued
by the administrative judge in accordance with Section 2001.058,
Government Code.
(h) A person may seek judicial review of a final order of the
commissioner under this section in a Travis County district court
under the substantial evidence rule as provided by Subchapter G,
Chapter 2001, Government Code. The trial courts of this state
shall give preference to an appeal of a final order of the
commissioner under this section in the same manner as provided by
Section 23.101(a), Government Code, for an appeal of a final
order of the commissioner under Section 51.3021 of this code.
(i) If the person who is constructing, maintains, controls,
owns, or possesses the structure, improvement, obstruction,
barrier, or hazard does not pay assessed penalties, removal
costs, and other assessed fees and expenses on or before the 30th
day after the date of entry of a final order assessing the
penalties, costs, and expenses, the commissioner may:
(1) sell salvageable parts of the structure, improvement,
obstruction, barrier, or hazard to offset those costs;
(2) request that the attorney general institute civil
proceedings to collect the penalties, costs of removal, and other
fees and expenses remaining unpaid; or
(3) use any combination of the remedies prescribed by this
subsection, or other remedies authorized by law, to collect the
unpaid penalties, costs of removal, and other fees and expenses
assessed because of the structure, improvement, obstruction,
barrier, or hazard on the public beach and its removal by the
commissioner.
(j) Penalties or costs collected under this section shall be
deposited in the coastal erosion response account as established
under Section 33.604.
(k) Notwithstanding any other provision of this subchapter, if a
structure that is the subject of an order for removal under
Section 61.0183 or an administrative penalty under Section
61.0181 has been used as a permanent, temporary, or occasional
residential dwelling by at least one person at any time during
the year before the date on which the order is issued or the
penalty is assessed:
(1) the notice required by Subsection (c) must state that the
person who is constructing, maintains, controls, owns, or
possesses the structure may submit, not later than the 90th day
after the date on which the notice is served, written request for
a hearing;
(2) if the person does not request a hearing within 90 days
after the date on which the notice is served, the person waives
all rights to judicial review of the commissioner's findings or
orders and shall immediately remove the structure and pay any
penalty assessed; and
(3) the amount of the administrative penalty assessed may not
exceed $1,000 for each day the violation occurs or continues.
Added by Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 13, eff. September 1, 2007.
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 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, Sec. 4, eff. June 18,
2003.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 61.020. PRIMA FACIE EVIDENCE. (a) In a suit or
administrative proceeding 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.
(b) The determination of the location of the line of vegetation
by the commissioner as provided by Sections 61.016 and 61.017
constitutes prima facie evidence of the landward boundary of the
area subject to the public easement until a court adjudication
establishes the line in another place.
Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 11,
eff. June 7, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 14, eff. September 1, 2007.
Sec. 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.
(c) Any requirement to keep a beach open for vehicular traffic
under this subchapter or rules adopted under this subchapter does
not apply to a beach or segment of a beach within 3,100 feet of a
natural science laboratory in a county with a population of
40,000 or less.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 14,
eff. June 7, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 32, eff. June 19, 2009.
Sec. 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, Sec. 12, eff. June 7,
1991.
Sec. 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;
(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 shoreline.
(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).
(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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 13,
eff. June 7, 1991; Acts 2003, 78th Leg., ch. 245, Sec. 5, eff.
June 18, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
377, Sec. 2, eff. June 19, 2009.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 61.025. DISCLOSURE TO PURCHASER OF PROPERTY. (a) Except
as provided by Subsection (b), 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 a statement in substantially the following form:
CONCERNING THE PROPERTY AT ______________________________________
DISCLOSURE NOTICE CONCERNING LEGAL AND ECONOMIC RISKS
OF PURCHASING COASTAL REAL PROPERTY NEAR A BEACH
WARNING: THE FOLLOWING NOTICE OF POTENTIAL RISKS OF ECONOMIC
LOSS TO YOU AS THE PURCHASER OF COASTAL REAL PROPERTY IS REQUIRED
BY STATE LAW.
● READ THIS NOTICE CAREFULLY. DO NOT SIGN THIS CONTRACT
UNTIL YOU FULLY UNDERSTAND THE RISKS YOU ARE ASSUMING.
● BY PURCHASING THIS PROPERTY, YOU MAY BE ASSUMING
ECONOMIC RISKS OVER AND ABOVE THE RISKS INVOLVED IN PURCHASING
INLAND REAL PROPERTY.
● IF YOU OWN A STRUCTURE LOCATED ON COASTAL REAL
PROPERTY NEAR A GULF COAST BEACH, IT MAY COME TO BE LOCATED ON
THE PUBLIC BEACH BECAUSE OF COASTAL EROSION AND STORM EVENTS.
● AS THE OWNER OF A STRUCTURE LOCATED ON THE PUBLIC
BEACH, YOU COULD BE SUED BY THE STATE OF TEXAS AND ORDERED TO
REMOVE THE STRUCTURE.
● THE COSTS OF REMOVING A STRUCTURE FROM THE PUBLIC
BEACH AND ANY OTHER ECONOMIC LOSS INCURRED BECAUSE OF A REMOVAL
ORDER WOULD BE SOLELY YOUR RESPONSIBILITY.
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.
Much of the Gulf of Mexico coastline is eroding at rates of more
than five feet per year. Erosion rates for all Texas Gulf
property subject to the open beaches act are available from the
Texas General Land Office.
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. OWNERS OF STRUCTURES ERECTED SEAWARD OF THE VEGETATION
LINE (OR OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME
SEAWARD OF THE VEGETATION LINE AS A RESULT OF 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 the statement is not included in the executory contract
for conveyance or there is no executory contract for conveyance,
the statement must be delivered to, and receipt thereof
acknowledged by, the purchaser not later than 10 calendar days
prior to closing the transaction.
(c) Failure to comply with Subsection (a) or (b), as applicable,
shall be grounds for the purchaser to terminate the contract or
agreement to convey, and upon termination any earnest money shall
be returned to the party making the deposit.
(d) A seller commits a deceptive act under Section 17.46,
Business & Commerce Code, if the seller fails to comply with
Subsection (a) or Subsection (b), as applicable.
(e) This section, or the failure of a person to give or receive
the notice in the manner 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, Sec. 1, eff. Aug. 26,
1985. Amended by Acts 1987, 70th Leg., ch. 75, Sec. 1, eff. Aug.
31, 1987; Acts 1999, 76th Leg., ch. 508, Sec. 10, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1256, Sec. 14, eff. September 1, 2007.
Sec. 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, Sec. 15, eff. June 7,
1991. Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(54), eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 245, Sec. 6, eff. June
18, 2003.
SUBCHAPTER C. MAINTENANCE OF THE PUBLIC BEACHES
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 1,
eff. Sept. 1, 1991.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 366, ch. 163,
Sec. 1, eff. Aug. 27, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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.
(a-1) Notwithstanding Sections 61.065 and 61.066, the land
office shall clean, maintain, and clear debris from a public
beach that is located in an area designated as a threatened area
in a declaration of a state of disaster issued under Section
418.014, Government Code. The duty of the land office under this
subsection is limited to debris related to the event that is the
subject of the disaster declaration.
(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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 2,
eff. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec.
7.01, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
6, Sec. 1, eff. May 5, 2009.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 3,
eff. Sept. 1, 1991.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 4,
eff. Sept. 1, 1991.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 5,
eff. Sept. 1, 1991.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 6,
eff. Sept. 1, 1991.
Sec. 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 publ