LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 13, 2009 TO: Honorable Kip Averitt, Chair, Senate Committee on Natural Resources FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HJR102 by Raymond (Proposing a constitutional amendment to protect the right of the public to access and use public beaches.), As Engrossed No significant fiscal implication to the State is anticipated, other than the cost of publication. The cost to the state for publication of the resolution is $90,882. The resolution would define a public beach as a state-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of state-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law. It would provide that the the public has an unrestricted right to use and a right of ingress to and egress from a public beach. It would also authorize the legislature to enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:305 General Land Office and Veterans' Land Board LBB Staff: JOB, SD, TL
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
May 13, 2009
TO: Honorable Kip Averitt, Chair, Senate Committee on Natural Resources FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HJR102 by Raymond (Proposing a constitutional amendment to protect the right of the public to access and use public beaches.), As Engrossed
TO: Honorable Kip Averitt, Chair, Senate Committee on Natural Resources
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HJR102 by Raymond (Proposing a constitutional amendment to protect the right of the public to access and use public beaches.), As Engrossed
Honorable Kip Averitt, Chair, Senate Committee on Natural Resources
Honorable Kip Averitt, Chair, Senate Committee on Natural Resources
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HJR102 by Raymond (Proposing a constitutional amendment to protect the right of the public to access and use public beaches.), As Engrossed
HJR102 by Raymond (Proposing a constitutional amendment to protect the right of the public to access and use public beaches.), As Engrossed
No significant fiscal implication to the State is anticipated, other than the cost of publication. The cost to the state for publication of the resolution is $90,882.
No significant fiscal implication to the State is anticipated, other than the cost of publication. The cost to the state for publication of the resolution is $90,882.
The cost to the state for publication of the resolution is $90,882.
The resolution would define a public beach as a state-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of state-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law. It would provide that the the public has an unrestricted right to use and a right of ingress to and egress from a public beach. It would also authorize the legislature to enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 305 General Land Office and Veterans' Land Board
305 General Land Office and Veterans' Land Board
LBB Staff: JOB, SD, TL
JOB, SD, TL