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A BILL TO BE ENTITLED
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AN ACT
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relating to a private right of action for the enforcement of public |
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beach access. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.018, Natural Resources Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) Any person other than a person described by Subsection |
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(a) may file in a district court of Travis County, or in the county |
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in which the property is located, a suit to obtain either a |
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temporary or permanent court order or injunction, either |
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prohibitory or mandatory, to remove or prevent any improvement, |
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maintenance, obstruction, barrier, or other encroachment on a |
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public beach, or to prohibit any unlawful restraint on the public's |
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right of access to and use of a public beach or other activity that |
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violates this chapter. This subsection does not authorize a suit to |
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remove a house described by Subsection (a-1). In an action brought |
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under this subsection, the court may award a prevailing claimant |
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reasonable attorney's fees and costs incurred in bringing the |
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action. |
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SECTION 2. Section 61.0185(g), Natural Resources Code, is |
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amended to read as follows: |
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(g) A county attorney, district attorney, [or] criminal |
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district attorney, or other person may not file suit under Section |
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61.018 [61.018(a)] to obtain a temporary or permanent court order |
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or injunction, either prohibitory or mandatory, to remove a house |
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from a public beach while the house is subject to an order issued |
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under this section. |
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SECTION 3. This Act takes effect September 1, 2023. |