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A BILL TO BE ENTITLED
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AN ACT
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relating to the boundaries of and the nature of the state's interest |
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in 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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as the line of vegetation may shift over time as a result of |
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avulsive events or other forces of nature [to which the public has
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acquired the right of use or easement to or over the area by
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prescription, dedication, presumption, 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 in law and custom. This definition does not include a
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beach that is not accessible by a public road or public ferry as
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provided in Section 61.021 of this code]. |
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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 and[, 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, as the |
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line of vegetation may shift over time as a result of avulsive |
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events or other forces of nature. |
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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 and [or] |
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any larger area extending from the line of mean low tide to the line |
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of vegetation bordering on the Gulf of Mexico, as the line of |
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vegetation may shift over time as a result of avulsive events or |
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other forces of nature [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]. |
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SECTION 4. Sections 61.013(a) and (c), Natural Resources |
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Code, are amended to read as follows: |
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(a) It is an offense against the public policy of this state |
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for any person to create, erect, or construct any obstruction, |
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barrier, or restraint that will interfere with the free and |
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unrestricted right of the public, individually and collectively, |
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lawfully and legally to enter or to leave any public beach or to use |
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any public beach [or any larger area abutting on or contiguous to a
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public beach if the public has acquired a right of use or easement
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to or over the area by prescription, dedication, or has retained a
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right by virtue of continuous right in the public]. |
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(c) For purposes of this section, "public beach" shall mean: |
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(1) any beach bordering on the Gulf of Mexico that |
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extends inland from the line of mean low tide to the natural line of |
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vegetation bordering on the seaward shore of the Gulf of Mexico, as |
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the line of vegetation may shift over time as a result of avulsive |
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events or other natural forces; and |
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(2) [or] such larger contiguous area to which the |
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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. [This definition does not include a
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beach that is not accessible by a public road or public ferry as
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provided in Section 61.021 of this code.] |
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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, as the line of |
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vegetation may shift over time as a result of avulsive events or |
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other natural forces, or to a line 200 feet inland from the line of |
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mean low tide, whichever is nearer the line of mean low tide[, if
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the public has acquired a right of use or easement to or over the
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area by prescription, dedication, or has retained a right by virtue
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of continuous right in the public]. |
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SECTION 6. Section 61.025(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (b), a person who sells |
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or conveys an interest, other than a mineral, leasehold, or |
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security interest, in real property located seaward of the Gulf |
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Intracoastal Waterway to its southernmost point and then seaward of |
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the longitudinal line also known as 97 degrees, 12', 19" which runs |
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southerly to the international boundary from the intersection of |
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the centerline of the Gulf Intracoastal Waterway and the |
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Brownsville Ship Channel must include in any executory contract for |
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conveyance a statement in substantially the following form: |
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CONCERNING THE PROPERTY AT ______________________________________ |
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DISCLOSURE NOTICE CONCERNING LEGAL AND ECONOMIC RISKS |
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OF PURCHASING COASTAL REAL PROPERTY NEAR A BEACH |
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WARNING: THE FOLLOWING NOTICE OF POTENTIAL RISKS OF |
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ECONOMIC LOSS TO YOU AS THE PURCHASER OF COASTAL REAL PROPERTY IS |
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REQUIRED BY STATE LAW. |
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● READ THIS NOTICE CAREFULLY. DO NOT SIGN THIS CONTRACT |
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UNTIL YOU FULLY UNDERSTAND THE RISKS YOU ARE ASSUMING. |
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● BY PURCHASING THIS PROPERTY, YOU MAY BE ASSUMING ECONOMIC |
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RISKS OVER AND ABOVE THE RISKS INVOLVED IN PURCHASING INLAND REAL |
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PROPERTY. |
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● IF YOU OWN A STRUCTURE LOCATED ON COASTAL REAL PROPERTY |
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NEAR A GULF COAST BEACH, IT MAY COME TO BE LOCATED ON THE PUBLIC |
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BEACH BECAUSE OF COASTAL EROSION AND STORM EVENTS. |
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● AS THE OWNER OF A STRUCTURE LOCATED ON THE PUBLIC BEACH, |
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YOU COULD BE SUED BY THE STATE OF TEXAS AND ORDERED TO REMOVE THE |
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STRUCTURE. |
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● THE COSTS OF REMOVING A STRUCTURE FROM THE PUBLIC BEACH |
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AND ANY OTHER ECONOMIC LOSS INCURRED BECAUSE OF A REMOVAL ORDER |
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WOULD BE SOLELY YOUR RESPONSIBILITY. |
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The real property described in this contract is located |
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seaward of the Gulf Intracoastal Waterway to its southernmost point |
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and then seaward of the longitudinal line also known as 97 degrees, |
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12', 19" which runs southerly to the international boundary from |
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the intersection of the centerline of the Gulf Intracoastal |
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Waterway and the Brownsville Ship Channel. If the property is in |
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close proximity to a beach fronting the Gulf of Mexico, the |
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purchaser is hereby advised that the public has [acquired] a right |
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of use or easement to or over the area of any public beach [by
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prescription, dedication, or presumption, or has retained a right
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by virtue of continuous right in the public since time immemorial,
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as recognized in law and custom]. |
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The extreme seaward boundary of natural vegetation that |
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spreads continuously inland customarily marks the landward |
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boundary of the public easement. If there is no clearly marked |
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natural vegetation line, the landward boundary of the easement is |
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as provided by Sections 61.016 and 61.017, Natural Resources Code. |
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Much of the Gulf of Mexico coastline is eroding at rates of |
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more than five feet per year. Erosion rates for all Texas Gulf |
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property subject to the open beaches act are available from the |
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Texas General Land Office. |
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State law prohibits any obstruction, barrier, restraint, or |
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interference with the use of the public easement, including the |
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placement of structures seaward of the landward boundary of the |
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easement. OWNERS OF STRUCTURES ERECTED SEAWARD OF THE VEGETATION |
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LINE (OR OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD |
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OF THE VEGETATION LINE AS A RESULT OF PROCESSES SUCH AS SHORELINE |
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EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE THE |
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STRUCTURES. |
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The purchaser is hereby notified that the purchaser should: |
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(1) determine the rate of shoreline erosion in the |
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vicinity of the real property; and |
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(2) seek the advice of an attorney or other qualified |
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person before executing this contract or instrument of conveyance |
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as to the relevance of these statutes and facts to the value of the |
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property the purchaser is hereby purchasing or contracting to |
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purchase. |
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SECTION 7. 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
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or over the area by prescription, dedication, or continuous use]. |
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This creates a responsibility for the state, in its position as |
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trustee for the public, to assist local governments in the cleaning |
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of beach areas which are subject to the access rights of the public |
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as defined in Subchapter B of this chapter. |
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SECTION 8. 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, as the line of vegetation may shift over time as a result of |
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avulsive events or other natural forces [if the public has acquired
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a right of use or easement to or over the area by the prescription or
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dedication or has retained a right by virtue of continuous right in
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the public], shall be used primarily for recreational purposes, and |
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any use which substantially interferes with the enjoyment of the |
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beach area by the public shall constitute an offense against the |
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public policy of the state. Nothing in this subchapter prevents any |
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agency, department, political subdivision, or municipal |
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corporation of this state from exercising its lawful authority |
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under any law of this state to regulate safety conditions on any |
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beach area subject to public use. |
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SECTION 9. 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 and [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, as the line of |
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vegetation may shift over time as a result of avulsive events or |
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other natural forces [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]. |
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SECTION 10. 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: |
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(1) in which the public has acquired a right of use or |
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an easement and that borders on the seaward shore of the Gulf of |
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Mexico; or |
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(2) that extends from the line of mean low tide to the |
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line of vegetation bordering on the Gulf of Mexico, as the line of |
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vegetation may shift over time as a result of avulsive events or |
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other natural forces. |
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SECTION 11. 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 on the |
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seaward shore of the Gulf of Mexico, extending from the line of mean |
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low tide to the line of vegetation, as the line of vegetation may |
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shift over time as a result of avulsive events or other natural |
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forces [over which the public has acquired a right of use or
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easement to or over the area by prescription or dedication or has
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retained a right by virtue of continuous right in the public], no |
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entrance or gate fee may be charged to persons desiring to enter or |
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to leave the public beach area, so long as the persons do not enter |
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any other portion of the park for which an entrance or gate fee is |
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charged. |
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SECTION 12. Section 729.001(b), Transportation Code, is |
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amended to read as follows: |
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(b) In this section, "beach" means: |
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(1) a beach bordering on the Gulf of Mexico that |
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extends inland from the line of mean low tide to the natural line of |
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vegetation bordering on the seaward shore of the Gulf of Mexico, as |
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the line of vegetation may shift over time as a result of avulsive |
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events or other natural forces; and |
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(2) [or] the larger contiguous area to which the |
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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 13. Section 61.021(a), Natural Resources Code, is |
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repealed. |
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SECTION 14. 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 and |
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declaring that the state holds public beaches in trust for the use |
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of the public takes effect. If that amendment is not approved by |
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the voters, this Act has no effect. |