Texas 2023 - 88th Regular

Texas House Bill HB3859

Filed
3/7/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the approval of beach access and use plans by the commissioner of the General Land Office.

Impact

The implications of HB 3859 are significant for local governance concerning beach access. The bill establishes clearer procedures for approving beach use plans, intending to eliminate delays in certification and enhance the ability of communities to manage their coastal resources effectively. However, introducing a system where the state has a substantial influence on local beach management may lead to tensions between local governments and the state, particularly when it concerns more tailored local needs versus state-level standardization.

Summary

House Bill 3859 focuses on the approval process for beach access and use plans by local governments in Texas. It mandates that local governments submit their proposed plans to the commissioner of the General Land Office for certification. The commissioner is required to take action on these proposals within a period of 90 days, either by approving, partially approving, or denying them. This process seeks to enhance public access to coastal areas and ensure that such plans align with state policies, which is particularly critical given Texas' expansive and popular coastline.

Sentiment

The sentiment around HB 3859 appears to be cautiously optimistic among proponents, who emphasize the need for improved beach accessibility and public usage. Representatives from groups such as the Coastal Access Coalition advocate for this measure as a necessary improvement. Conversely, some local government officials expressed concerns regarding potential overreach from state authorities and the implications it may have for localized decision-making. This duality reflects a split in sentiment balancing between enhanced accessibility and local autonomy.

Contention

Notable points of contention regarding this bill include concerns from some legislators about the balance of power between state and local governance. While proponents argue that streamlined processes for certifying beach access plans will enhance public use and prevent regulatory bottlenecks, opponents worry that such control may undermine local authority to dictate beach management based on their unique community needs. The specificity of the provisions impacting counties with particular demographic characteristics further complicates discussions, illustrating the complexities of managing public resources equitably across different localities.

Texas Constitutional Statutes Affected

Natural Resources Code

  • Chapter 61. Use And Maintenance Of Public Beaches
    • Section: 015
    • Section: New Section
    • Section: 015

Companion Bills

TX SB2026

Identical Relating to the approval of beach access and use plans by the commissioner of the General Land Office.

Similar Bills

No similar bills found.