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A BILL TO BE ENTITLED
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AN ACT
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relating to the boundaries of public beaches. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.001(8), Natural Resources Code, is |
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amended to read as follows: |
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(8) "Public beach" means any beach area, whether |
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publicly or privately owned, extending inland from the line of mean |
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low tide to the line of vegetation bordering on the Gulf of Mexico |
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to which the public has acquired the right of use or easement to or |
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over the area by prescription, dedication, presumption, or has |
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retained a right by virtue of continuous right in the public since |
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time immemorial, as recognized in law and custom. This definition |
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does not include a beach that is not accessible by a public road or |
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public ferry as provided in Section 61.021 of this code. The |
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doctrine of avulsion does not apply to the determination of the |
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boundary of a public beach. |
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SECTION 2. Section 61.011(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) It is declared and affirmed to be the public policy of |
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this state that the public, individually and collectively, shall |
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have the free and unrestricted right of ingress and egress to and |
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from the state-owned beaches bordering on the seaward shore of the |
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Gulf of Mexico, or if the public has acquired a right of use or |
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easement to or over an area by prescription, dedication, or has |
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retained a right by virtue of continuous right in the public, the |
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public shall have the free and unrestricted right of ingress and |
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egress to the larger area extending from the line of mean low tide |
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to the line of vegetation bordering on the Gulf of Mexico. The |
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doctrine of avulsion does not apply to the determination of the |
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boundary of the area to which the public has a right of ingress and |
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egress. |
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SECTION 3. Section 61.012, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 61.012. DEFINITION. In this subchapter, "beach" means |
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state-owned beaches to which the public has the right of ingress and |
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egress bordering on the seaward shore of the Gulf of Mexico or any |
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larger area extending from the line of mean low tide to the line of |
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vegetation bordering on the Gulf of Mexico if the public has |
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acquired a right of use or easement to or over the area by |
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prescription, dedication, or has retained a right by virtue of |
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continuous right in the public. The doctrine of avulsion does not |
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apply to the determination of the boundary of a beach. |
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SECTION 4. Section 61.013(c), Natural Resources Code, is |
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amended to read as follows: |
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(c) For purposes of this section, "public beach" shall mean |
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any beach bordering on the Gulf of Mexico that extends inland from |
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the line of mean low tide to the natural line of vegetation |
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bordering on the seaward shore of the Gulf of Mexico, or such larger |
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contiguous area to which the public has acquired a right of use or |
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easement to or over by prescription, dedication, or estoppel, or |
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has retained a right by virtue of continuous right in the public |
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since time immemorial as recognized by law or custom. This |
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definition does not include a beach that is not accessible by a |
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public road or public ferry as provided in Section 61.021 of this |
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code. The doctrine of avulsion does not apply to the determination |
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of the boundary of a public beach. |
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SECTION 5. Section 61.014(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) As used in this section, "public beach" means the area |
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extending from the line of mean low tide of the Gulf of Mexico to the |
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line of vegetation bordering on the Gulf of Mexico, or to a line 200 |
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feet inland from the line of mean low tide, whichever is nearer the |
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line of mean low tide, if the public has acquired a right of use or |
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easement to or over the area by prescription, dedication, or has |
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retained a right by virtue of continuous right in the public. The |
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doctrine of avulsion does not apply to the determination of the |
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boundary of a public beach. |
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SECTION 6. Section 61.062, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 61.062. PUBLIC POLICY. It is the public policy of this |
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state that the public, individually and collectively, shall have |
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the free and unrestricted right of ingress and egress to and from |
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the state-owned beaches bordering on the seaward shore of the Gulf |
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of Mexico if the public has acquired a right of use or easement to or |
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over the area by prescription, dedication, or continuous use. This |
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creates a responsibility for the state, in its position as trustee |
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for the public, to assist local governments in the cleaning of beach |
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areas which are subject to the access rights of the public as |
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defined in Subchapter B of this chapter. The doctrine of avulsion |
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does not apply to the determination of the boundary of the area to |
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which the public has a right of ingress and egress. |
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SECTION 7. Section 61.161, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 61.161. PUBLIC POLICY. It is the public policy of this |
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state that the state-owned beaches bordering on the seaward shore |
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of the Gulf of Mexico, and any larger area extending from the line |
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of mean low tide to the line of vegetation bordering on the Gulf of |
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Mexico, if the public has acquired a right of use or easement to or |
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over the area by the prescription or dedication or has retained a |
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right by virtue of continuous right in the public, shall be used |
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primarily for recreational purposes, and any use which |
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substantially interferes with the enjoyment of the beach area by |
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the public shall constitute an offense against the public policy of |
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the state. The doctrine of avulsion does not apply to the |
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determination of the boundary of the beach area subject to public |
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use. Nothing in this subchapter prevents any agency, department, |
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political subdivision, or municipal corporation of this state from |
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exercising its lawful authority under any law of this state to |
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regulate safety conditions on any beach area subject to public use. |
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SECTION 8. Section 61.162(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) The legislature finds that the operation and |
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maintenance of business establishments at fixed or permanent |
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locations on the public beaches of this state bordering on the |
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seaward shore of the Gulf of Mexico constitute a potential public |
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health hazard and a substantial interference with the free and |
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unrestricted rights of ingress and egress of the public, both |
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individually and collectively, to and from the state-owned beaches |
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bordering on the seaward shore of the Gulf of Mexico or any larger |
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area extending from the line of mean low tide to the line of |
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vegetation bordering on the Gulf of Mexico if the public has |
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acquired a right of use or easement to or over the area by |
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prescription, dedication, or has retained a right by virtue of |
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continuous right in the public. The doctrine of avulsion does not |
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apply to the determination of the boundary of a public beach. |
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SECTION 9. Section 365.033(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) In this section, "beach" means an area in which the |
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public has acquired a right of use or an easement and that borders |
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on the seaward shore of the Gulf of Mexico or extends from the line |
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of mean low tide to the line of vegetation bordering on the Gulf of |
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Mexico. The doctrine of avulsion does not apply to the |
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determination of the boundary of a beach. |
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SECTION 10. Section 21.111(c), Parks and Wildlife Code, is |
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amended to read as follows: |
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(c) If any state park site includes a public beach as |
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defined by Section 61.001, Natural Resources Code [on the seaward
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shore of the Gulf of Mexico, extending from the line of mean low
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tide to the line of vegetation, over which the public has acquired a
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right of use or easement to or over the area by prescription or
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dedication or has retained a right by virtue of continuous right in
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the public], no entrance or gate fee may be charged to persons |
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desiring to enter or to leave the public beach area, so long as the |
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persons do not enter any other portion of the park for which an |
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entrance or gate fee is charged. |
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SECTION 11. Section 729.001(b), Transportation Code, is |
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amended to read as follows: |
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(b) In this section, "public beach" has the meaning assigned |
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by Section 61.008, Natural Resources Code [means a beach bordering
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on the Gulf of Mexico that extends inland from the line of mean low
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tide to the natural line of vegetation bordering on the seaward
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shore of the Gulf of Mexico, or the larger contiguous area to which
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the public has acquired a right of use or easement to or over by
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prescription, dedication, or estoppel, or has retained a right by
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virtue of continuous right in the public since time immemorial as
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recognized by law or custom]. |
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SECTION 12. This Act takes effect on the date on which the |
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constitutional amendment proposed by the 83rd Legislature, Regular |
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Session, 2013, establishing the boundaries of public beaches takes |
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effect. If that amendment is not approved by the voters, this Act |
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has no effect. |