| 1 | 1 | | 81R9970 TRH-F |
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| 2 | 2 | | By: Raymond H.J.R. No. 102 |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment to protect the right of the |
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| 7 | 7 | | public to access and use public beaches. |
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| 8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article I, Texas Constitution, is amended by |
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| 10 | 10 | | adding Section 33 to read as follows: |
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| 11 | 11 | | Sec. 33. (a) In this section, "public beach" means a |
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| 12 | 12 | | state-owned beach bordering on the seaward shore of the Gulf of |
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| 13 | 13 | | Mexico, extending from mean low tide to the landward boundary of |
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| 14 | 14 | | state-owned submerged land, and any larger area extending from the |
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| 15 | 15 | | line of mean low tide to the line of vegetation bordering on the |
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| 16 | 16 | | Gulf of Mexico to which the public has acquired a right of use or |
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| 17 | 17 | | easement to or over the area by prescription or dedication or has |
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| 18 | 18 | | established and retained a right by virtue of continuous right in |
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| 19 | 19 | | the public under Texas common law. |
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| 20 | 20 | | (b) The public, individually and collectively, has an |
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| 21 | 21 | | unrestricted right to use and a right of ingress to and egress from |
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| 22 | 22 | | a public beach. The right granted by this subsection is dedicated |
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| 23 | 23 | | as a permanent easement in favor of the public. |
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| 24 | 24 | | (c) The legislature may enact laws to protect the right of |
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| 25 | 25 | | the public to access and use a public beach and to protect the |
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| 26 | 26 | | public beach easement from interference and encroachments. |
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| 27 | 27 | | (d) This section does not create a private right of |
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| 28 | 28 | | enforcement. |
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| 29 | 29 | | SECTION 2. This proposed constitutional amendment shall be |
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| 30 | 30 | | submitted to the voters at an election to be held November 3, 2009. |
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| 31 | 31 | | The ballot shall be printed to provide for voting for or against the |
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| 32 | 32 | | proposition: "The constitutional amendment to protect the right of |
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| 33 | 33 | | the public, individually and collectively, to access and use the |
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| 34 | 34 | | public beaches bordering the seaward shore of the Gulf of Mexico." |
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