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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section
61.001(8), Natural Resources Code, is amended to read as follows:
(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, as the line of vegetation
may shift over time as a result of avulsive events or other forces of
nature [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].
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SECTION 1. Section
61.001(8), Natural Resources Code, is amended to read as follows:
(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. The doctrine
of avulsion does not apply to the determination of the boundary of a public
beach.
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SECTION 2. Section
61.011(a), Natural Resources Code, is amended to read as follows:
(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 and[, 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, as the line of vegetation may shift over time as a result of avulsive
events or other forces of nature.
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SECTION 2. Section
61.011(a), Natural Resources Code, is amended to read as follows:
(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. The doctrine of avulsion does not apply to the
determination of the boundary of the area to which the public has a right
of ingress and egress.
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SECTION 3. Section 61.012,
Natural Resources Code, is amended to read as follows:
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 and [or] any larger area extending from
the line of mean low tide to the line of vegetation bordering on the Gulf
of Mexico, as the line of vegetation may
shift over time as a result of avulsive events or other forces of nature [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].
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SECTION 3. Section 61.012,
Natural Resources Code, is amended to read as follows:
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. The doctrine of avulsion does not apply to the
determination of the boundary of a beach.
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SECTION 4. Sections
61.013(a) and (c), Natural Resources Code, are amended to read as follows:
(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].
(c) For purposes of this
section, "public beach" shall mean:
(1) 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, as the line of
vegetation may shift over time as a result of avulsive events or other
natural forces; and
(2) [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.]
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SECTION 4. Section 61.013(c),
Natural Resources Code, is amended to read as follows:
(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. The doctrine of avulsion does not apply
to the determination of the boundary of a public beach.
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SECTION 5. Section
61.014(a), Natural Resources Code, is amended to read as follows:
(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, as the line of vegetation may
shift over time as a result of avulsive events or other natural forces,
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].
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SECTION 5. Section
61.014(a), Natural Resources Code, is amended to read as follows:
(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. The doctrine of avulsion does not apply
to the determination of the boundary of a public beach.
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SECTION 6. Section
61.025(a), Natural Resources Code, is amended to read as follows:
(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.
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No
equivalent provision.
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SECTION 7. Section 61.062,
Natural Resources Code, is amended to read as follows:
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.
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SECTION 6. Section 61.062,
Natural Resources Code, is amended to read as follows:
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. The doctrine of avulsion does not apply to the
determination of the boundary of the area to which the public has a right
of ingress and egress.
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SECTION 8. Section 61.161,
Natural Resources Code, is amended to read as follows:
Sec. 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, as the line
of vegetation may shift over time as a result of avulsive events or other
natural forces [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.
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SECTION 7. Section 61.161,
Natural Resources Code, is amended to read as follows:
Sec. 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. The doctrine of
avulsion does not apply to the determination of the boundary of the beach
area subject to public use. 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.
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SECTION 9. Section
61.162(a), Natural Resources Code, is amended to read as follows:
(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 and [or] any larger area extending from
the line of mean low tide to the line of vegetation bordering on the Gulf
of Mexico, as the line of vegetation may
shift over time as a result of avulsive events or other natural forces [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].
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SECTION 8. Section
61.162(a), Natural Resources Code, is amended to read as follows:
(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. The
doctrine of avulsion does not apply to the determination of the boundary of
a public beach.
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SECTION 10. Section
365.033(b), Health and Safety Code, is amended to read as follows:
(b) In this section,
"beach" means an area:
(1) in which the
public has acquired a right of use or an easement and that borders on the
seaward shore of the Gulf of Mexico; or
(2) that extends from
the line of mean low tide to the line of vegetation bordering on the Gulf
of Mexico, as the line of vegetation may
shift over time as a result of avulsive events or other natural forces.
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SECTION 9. Section
365.033(b), Health and Safety Code, is amended to read as follows:
(b) In this section,
"beach" means an area in which the public has acquired a right of
use or an easement and that borders on the seaward shore of the Gulf of
Mexico or extends from the line of mean low tide to the line of vegetation
bordering on the Gulf of Mexico. The
doctrine of avulsion does not apply to the determination of the boundary of
a beach.
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SECTION 11. Section
21.111(c), Parks and Wildlife Code, is amended to read as follows:
(c) If any state park site
includes a public beach on the seaward shore
of the Gulf of Mexico, extending from the line of mean low tide to the line
of vegetation, as the line of vegetation may shift over time as a result
of avulsive events or other natural forces [over which the
public has acquired a right of use or easement to or over the area by
prescription or dedication or has retained a right by virtue of continuous
right in the public], no entrance or gate fee may be charged to persons
desiring to enter or to leave the public beach area, so long as the persons
do not enter any other portion of the park for which an entrance or gate
fee is charged.
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SECTION 10. Section
21.111(c), Parks and Wildlife Code, is amended to read as follows:
(c) If any state park site
includes a public beach as defined by Section
61.001, Natural Resources Code [on
the seaward shore of the Gulf of Mexico, extending from the line of mean
low tide to the line of vegetation, over which the public has
acquired a right of use or easement to or over the area by prescription or
dedication or has retained a right by virtue of continuous right in the
public], no entrance or gate fee may be charged to persons desiring to
enter or to leave the public beach area, so long as the persons do not
enter any other portion of the park for which an entrance or gate fee is
charged.
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SECTION 12. Section
729.001(b), Transportation Code, is amended to read as follows:
(b) In this section,
"beach" means:
(1) a 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, as the line of vegetation may shift over time as a result of
avulsive events or other natural forces; and
(2) [or] the 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.
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SECTION 11. Section
729.001(b), Transportation Code, is amended to read as follows:
(b) In this section, "public beach" has the meaning assigned by Section 61.008, Natural
Resources Code [means a 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 the 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].
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SECTION 13. Section
61.021(a), Natural Resources Code, is repealed.
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No
equivalent provision.
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SECTION 14. This Act takes
effect on the date on which the constitutional amendment proposed by the
83rd Legislature, Regular Session, 2013, establishing the boundaries of
public beaches and declaring that the state holds public beaches in trust
for the use of the public takes effect. If that amendment is not approved
by the voters, this Act has no effect.
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SECTION 12. Substantially
same as original version.
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