Proposing a constitutional amendment to protect the right of the public to access and use public beaches.
The passage of HJR102 would enshrine into the Texas Constitution the public's unrestricted right to enjoy and traverse public beaches. It mandates that the legislature has the authority to enact laws to further protect these rights and the associated easement from any unauthorized interference or encroachment. This amendment could potentially strengthen protections for beach access, ensuring that such rights are preserved for future generations, thus fostering tourism and recreational opportunities along Texas' coastline.
HJR102 is a joint resolution proposing an amendment to the Texas Constitution aimed at safeguarding the public's right to access and utilize public beaches along the Gulf of Mexico. The bill defines 'public beach' as state-owned beaches that extend from the mean low tide line to the landward boundary of state-owned submerged land, including areas over which the public has acquired rights by continuous use under Texas common law. This legislative move comes in response to growing concerns about access restrictions to these public spaces, especially as coastal development increases.
As HJR102 progresses, potential points of contention may arise, particularly regarding the balance between public access and private property rights along the beach. Stakeholders, including property owners and developers, may express concerns that broad definitions of public beaches could limit their rights and hinder development initiatives. The text of the bill does clarify that it does not create a private right of enforcement, which may address some property owner concerns, but it remains to be seen how this amendment will interact with existing property laws and local governance.