Texas House Bill HB4172

Texas 2021 - 87th Regular

Caption

Relating to the burden of proof in a suit or administrative proceeding to establish that an area is subject to the public beach easement.

Impact

The implications of HB 4172 on state laws are significant, as it changes the dynamics of how proof is established in disputes related to public beach access. The amendment to the burden of proof means that any claims made by property owners, who may wish to restrict access to their property, will be more thoroughly scrutinized. This could potentially lead to greater public access to Texas beaches and an increased emphasis on protecting public rights over private property rights in coastal areas.

Summary

House Bill 4172 amends Section 61.020 of the Texas Natural Resources Code concerning the burden of proof in legal proceedings that determine whether an area is subject to public beach easement. Specifically, the bill places the responsibility on the party seeking to establish that the public has a right to use certain beach areas, either through ingress and egress to the sea or by common law easement. This legislative measure aims to clarify the legal standards associated with beach access and property rights along Texas' coastline.

Contention

Notably, the legislation may encounter differing viewpoints among stakeholders. Proponents may argue that it reinforces public access to beaches, which is essential for tourism and recreational opportunities. However, property owners and local governments may view this as an infringement on their rights, leading to potential contention over property boundaries and access laws. Such disagreements underline ongoing conversations about the balance between public access and private ownership along coastal regions.