83R536 TRH-D
By: Dutton H.B. No. 325
A BILL TO BE ENTITLED
AN ACT
relating to the boundaries of and the nature of the state's interest
in public beaches.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.001(8), Natural Resources Code, is
amended to read as follows:
(8) "Public beach" means any beach area, whether
publicly or privately owned, extending inland from the line of mean
low tide to the line of vegetation bordering on the Gulf of Mexico,
as the line of vegetation may shift over time as a result of
avulsive events or other forces of nature [to which the public has
acquired the right of use or easement to or over the area by
prescription, dedication, presumption, or has retained a right by
virtue of continuous right in the public since time immemorial, as
recognized in law and custom. This definition does not include a
beach that is not accessible by a public road or public ferry as
provided in Section 61.021 of this code].
SECTION 2. Section 61.011(a), Natural Resources Code, is
amended to read as follows:
(a) It is declared and affirmed to be the public policy of
this state that the public, individually and collectively, shall
have the free and unrestricted right of ingress and egress to and
from the state-owned beaches bordering on the seaward shore of the
Gulf of Mexico and[, or if the public has acquired a right of use or
easement to or over an area by prescription, dedication, or has
retained a right by virtue of continuous right in the public, the
public shall have the free and unrestricted right of ingress and
egress to] the larger area extending from the line of mean low tide
to the line of vegetation bordering on the Gulf of Mexico, as the
line of vegetation may shift over time as a result of avulsive
events or other forces of nature.
SECTION 3. Section 61.012, Natural Resources Code, is
amended to read as follows:
Sec. 61.012. DEFINITION. In this subchapter, "beach" means
state-owned beaches to which the public has the right of ingress and
egress bordering on the seaward shore of the Gulf of Mexico and [or]
any larger area extending from the line of mean low tide to the line
of vegetation bordering on the Gulf of Mexico, as the line of
vegetation may shift over time as a result of avulsive events or
other forces of nature [if the public has acquired a right of use or
easement to or over the area by prescription, dedication, or has
retained a right by virtue of continuous right in the public].
SECTION 4. Sections 61.013(a) and (c), Natural Resources
Code, are amended to read as follows:
(a) It is an offense against the public policy of this state
for any person to create, erect, or construct any obstruction,
barrier, or restraint that will interfere with the free and
unrestricted right of the public, individually and collectively,
lawfully and legally to enter or to leave any public beach or to use
any public beach [or any larger area abutting on or contiguous to a
public beach if the public has acquired a right of use or easement
to or over the area by prescription, dedication, or has retained a
right by virtue of continuous right in the public].
(c) For purposes of this section, "public beach" shall mean:
(1) any beach bordering on the Gulf of Mexico that
extends inland from the line of mean low tide to the natural line of
vegetation bordering on the seaward shore of the Gulf of Mexico, as
the line of vegetation may shift over time as a result of avulsive
events or other natural forces; and
(2) [or] such larger contiguous area to which the
public has acquired a right of use or easement to or over by
prescription, dedication, or estoppel, or has retained a right by
virtue of continuous right in the public since time immemorial as
recognized by law or custom. [This definition does not include a
beach that is not accessible by a public road or public ferry as
provided in Section 61.021 of this code.]
SECTION 5. Section 61.014(a), Natural Resources Code, is
amended to read as follows:
(a) As used in this section, "public beach" means the area
extending from the line of mean low tide of the Gulf of Mexico to the
line of vegetation bordering on the Gulf of Mexico, as the line of
vegetation may shift over time as a result of avulsive events or
other natural forces, or to a line 200 feet inland from the line of
mean low tide, whichever is nearer the line of mean low tide[, if
the public has acquired a right of use or easement to or over the
area by prescription, dedication, or has retained a right by virtue
of continuous right in the public].
SECTION 6. Section 61.025(a), Natural Resources Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), a person who sells
or conveys an interest, other than a mineral, leasehold, or
security interest, in real property located seaward of the Gulf
Intracoastal Waterway to its southernmost point and then seaward of
the longitudinal line also known as 97 degrees, 12', 19" which runs
southerly to the international boundary from the intersection of
the centerline of the Gulf Intracoastal Waterway and the
Brownsville Ship Channel must include in any executory contract for
conveyance a statement in substantially the following form:
CONCERNING THE PROPERTY AT ______________________________________
DISCLOSURE NOTICE CONCERNING LEGAL AND ECONOMIC RISKS
OF PURCHASING COASTAL REAL PROPERTY NEAR A BEACH
WARNING: THE FOLLOWING NOTICE OF POTENTIAL RISKS OF
ECONOMIC LOSS TO YOU AS THE PURCHASER OF COASTAL REAL PROPERTY IS
REQUIRED BY STATE LAW.
● READ THIS NOTICE CAREFULLY. DO NOT SIGN THIS CONTRACT
UNTIL YOU FULLY UNDERSTAND THE RISKS YOU ARE ASSUMING.
● BY PURCHASING THIS PROPERTY, YOU MAY BE ASSUMING ECONOMIC
RISKS OVER AND ABOVE THE RISKS INVOLVED IN PURCHASING INLAND REAL
PROPERTY.
● IF YOU OWN A STRUCTURE LOCATED ON COASTAL REAL PROPERTY
NEAR A GULF COAST BEACH, IT MAY COME TO BE LOCATED ON THE PUBLIC
BEACH BECAUSE OF COASTAL EROSION AND STORM EVENTS.
● AS THE OWNER OF A STRUCTURE LOCATED ON THE PUBLIC BEACH,
YOU COULD BE SUED BY THE STATE OF TEXAS AND ORDERED TO REMOVE THE
STRUCTURE.
● THE COSTS OF REMOVING A STRUCTURE FROM THE PUBLIC BEACH
AND ANY OTHER ECONOMIC LOSS INCURRED BECAUSE OF A REMOVAL ORDER
WOULD BE SOLELY YOUR RESPONSIBILITY.
The real property described in this contract is located
seaward of the Gulf Intracoastal Waterway to its southernmost point
and then seaward of the longitudinal line also known as 97 degrees,
12', 19" which runs southerly to the international boundary from
the intersection of the centerline of the Gulf Intracoastal
Waterway and the Brownsville Ship Channel. If the property is in
close proximity to a beach fronting the Gulf of Mexico, the
purchaser is hereby advised that the public has [acquired] a right
of use or easement to or over the area of any public beach [by
prescription, dedication, or presumption, or has retained a right
by virtue of continuous right in the public since time immemorial,
as recognized in law and custom].
The extreme seaward boundary of natural vegetation that
spreads continuously inland customarily marks the landward
boundary of the public easement. If there is no clearly marked
natural vegetation line, the landward boundary of the easement is
as provided by Sections 61.016 and 61.017, Natural Resources Code.
Much of the Gulf of Mexico coastline is eroding at rates of
more than five feet per year. Erosion rates for all Texas Gulf
property subject to the open beaches act are available from the
Texas General Land Office.
State law prohibits any obstruction, barrier, restraint, or
interference with the use of the public easement, including the
placement of structures seaward of the landward boundary of the
easement. OWNERS OF STRUCTURES ERECTED SEAWARD OF THE VEGETATION
LINE (OR OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD
OF THE VEGETATION LINE AS A RESULT OF PROCESSES SUCH AS SHORELINE
EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE THE
STRUCTURES.
The purchaser is hereby notified that the purchaser should:
(1) determine the rate of shoreline erosion in the
vicinity of the real property; and
(2) seek the advice of an attorney or other qualified
person before executing this contract or instrument of conveyance
as to the relevance of these statutes and facts to the value of the
property the purchaser is hereby purchasing or contracting to
purchase.
SECTION 7. Section 61.062, Natural Resources Code, is
amended to read as follows:
Sec. 61.062. PUBLIC POLICY. It is the public policy of this
state that the public, individually and collectively, shall have
the free and unrestricted right of ingress and egress to and from
the state-owned beaches bordering on the seaward shore of the Gulf
of Mexico [if the public has acquired a right of use or easement to
or over the area by prescription, dedication, or continuous use].
This creates a responsibility for the state, in its position as
trustee for the public, to assist local governments in the cleaning
of beach areas which are subject to the access rights of the public
as defined in Subchapter B of this chapter.
SECTION 8. Section 61.161, Natural Resources Code, is
amended to read as follows:
Sec. 61.161. PUBLIC POLICY. It is the public policy of this
state that the state-owned beaches bordering on the seaward shore
of the Gulf of Mexico, and any larger area extending from the line
of mean low tide to the line of vegetation bordering on the Gulf of
Mexico, as the line of vegetation may shift over time as a result of
avulsive events or other natural forces [if the public has acquired
a right of use or easement to or over the area by the prescription or
dedication or has retained a right by virtue of continuous right in
the public], shall be used primarily for recreational purposes, and
any use which substantially interferes with the enjoyment of the
beach area by the public shall constitute an offense against the
public policy of the state. Nothing in this subchapter prevents any
agency, department, political subdivision, or municipal
corporation of this state from exercising its lawful authority
under any law of this state to regulate safety conditions on any
beach area subject to public use.
SECTION 9. Section 61.162(a), Natural Resources Code, is
amended to read as follows:
(a) The legislature finds that the operation and
maintenance of business establishments at fixed or permanent
locations on the public beaches of this state bordering on the
seaward shore of the Gulf of Mexico constitute a potential public
health hazard and a substantial interference with the free and
unrestricted rights of ingress and egress of the public, both
individually and collectively, to and from the state-owned beaches
bordering on the seaward shore of the Gulf of Mexico and [or] any
larger area extending from the line of mean low tide to the line of
vegetation bordering on the Gulf of Mexico, as the line of
vegetation may shift over time as a result of avulsive events or
other natural forces [if the public has acquired a right of use or
easement to or over the area by prescription, dedication, or has
retained a right by virtue of continuous right in the public].
SECTION 10. Section 365.033(b), Health and Safety Code, is
amended to read as follows:
(b) In this section, "beach" means an area:
(1) in which the public has acquired a right of use or
an easement and that borders on the seaward shore of the Gulf of
Mexico; or
(2) that extends from the line of mean low tide to the
line of vegetation bordering on the Gulf of Mexico, as the line of
vegetation may shift over time as a result of avulsive events or
other natural forces.
SECTION 11. Section 21.111(c), Parks and Wildlife Code, is
amended to read as follows:
(c) If any state park site includes a public beach on the
seaward shore of the Gulf of Mexico, extending from the line of mean
low tide to the line of vegetation, as the line of vegetation may
shift over time as a result of avulsive events or other natural
forces [over which the public has acquired a right of use or
easement to or over the area by prescription or dedication or has
retained a right by virtue of continuous right in the public], no
entrance or gate fee may be charged to persons desiring to enter or
to leave the public beach area, so long as the persons do not enter
any other portion of the park for which an entrance or gate fee is
charged.
SECTION 12. Section 729.001(b), Transportation Code, is
amended to read as follows:
(b) In this section, "beach" means:
(1) a beach bordering on the Gulf of Mexico that
extends inland from the line of mean low tide to the natural line of
vegetation bordering on the seaward shore of the Gulf of Mexico, as
the line of vegetation may shift over time as a result of avulsive
events or other natural forces; and
(2) [or] the larger contiguous area to which the
public has acquired a right of use or easement to or over by
prescription, dedication, or estoppel, or has retained a right by
virtue of continuous right in the public since time immemorial as
recognized by law or custom.
SECTION 13. Section 61.021(a), Natural Resources Code, is
repealed.
SECTION 14. This Act takes effect on the date on which the
constitutional amendment proposed by the 83rd Legislature, Regular
Session, 2013, establishing the boundaries of public beaches and
declaring that the state holds public beaches in trust for the use
of the public takes effect. If that amendment is not approved by
the voters, this Act has no effect.