By: Raymond, et al. (Senate Sponsor - Hinojosa) H.J.R. No. 102
(In the Senate - Received from the House May 12, 2009;
May 13, 2009, read first time and referred to Committee on Natural
Resources; May 23, 2009, reported favorably by the following vote:
Yeas 9, Nays 0; May 23, 2009, sent to printer.)
HOUSE JOINT RESOLUTION
proposing a constitutional amendment to protect the right of the
public to access and use public beaches.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article I, Texas Constitution, is amended by
adding Section 33 to read as follows:
Sec. 33. (a) In this section, "public beach" means 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.
(b) The public, individually and collectively, has an
unrestricted right to use and a right of ingress to and egress from
a public beach. The right granted by this subsection is dedicated
as a permanent easement in favor of the public.
(c) The legislature may 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.
(d) This section does not create a private right of
enforcement.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment to protect the right of
the public, individually and collectively, to access and use the
public beaches bordering the seaward shore of the Gulf of Mexico."
* * * * *