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A JOINT RESOLUTION
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proposing a constitutional amendment establishing the boundaries |
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of public beaches and declaring that the state holds public beaches |
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in trust for the use of the public. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33, Article I, Texas Constitution, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) In this section, "public beach" means a state-owned |
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beach bordering on the seaward shore of the Gulf of Mexico, |
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extending from mean low tide to the landward boundary of |
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state-owned submerged land, and any larger area extending from the |
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line of mean low tide to the line of vegetation bordering on the |
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Gulf of Mexico, as the line of vegetation may shift over time as a |
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result of avulsive events or other natural forces [to which the
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public has acquired a right of use or easement to or over the area by
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prescription or dedication or has established and retained a right
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by virtue of continuous right in the public under Texas common law]. |
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(a-1) In accordance with longstanding custom, the state |
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holds public beaches in trust for the free and unrestricted use of |
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the public. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2013. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment establishing the |
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boundaries of public beaches and declaring that the state holds |
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public beaches in trust for the use of the public." |