Texas 2013 - 83rd Regular

Texas House Bill HB325 Compare Versions

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1	1	83R20598 JXC-D
2	2	By: Dutton H.B. No. 325
3	3	Substitute the following for H.B. No. 325:
4	4	By: Deshotel C.S.H.B. No. 325
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the boundaries of public beaches.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 61.001(8), Natural Resources Code, is
12	12	amended to read as follows:
13	13	(8) "Public beach" means any beach area, whether
14	14	publicly or privately owned, extending inland from the line of mean
15	15	low tide to the line of vegetation bordering on the Gulf of Mexico
16	16	to which the public has acquired the right of use or easement to or
17	17	over the area by prescription, dedication, presumption, or has
18	18	retained a right by virtue of continuous right in the public since
19	19	time immemorial, as recognized in law and custom. This definition
20	20	does not include a beach that is not accessible by a public road or
21	21	public ferry as provided in Section 61.021 of this code. The
22	22	doctrine of avulsion does not apply to the determination of the
23	23	boundary of a public beach.
24	24	SECTION 2. Section 61.011(a), Natural Resources Code, is
25	25	amended to read as follows:
26	26	(a) It is declared and affirmed to be the public policy of
27	27	this state that the public, individually and collectively, shall
28	28	have the free and unrestricted right of ingress and egress to and
29	29	from the state-owned beaches bordering on the seaward shore of the
30	30	Gulf of Mexico, or if the public has acquired a right of use or
31	31	easement to or over an area by prescription, dedication, or has
32	32	retained a right by virtue of continuous right in the public, the
33	33	public shall have the free and unrestricted right of ingress and
34	34	egress to the larger area extending from the line of mean low tide
35	35	to the line of vegetation bordering on the Gulf of Mexico. The
36	36	doctrine of avulsion does not apply to the determination of the
37	37	boundary of the area to which the public has a right of ingress and
38	38	egress.
39	39	SECTION 3. Section 61.012, Natural Resources Code, is
40	40	amended to read as follows:
41	41	Sec. 61.012. DEFINITION. In this subchapter, "beach" means
42	42	state-owned beaches to which the public has the right of ingress and
43	43	egress bordering on the seaward shore of the Gulf of Mexico or any
44	44	larger area extending from the line of mean low tide to the line of
45	45	vegetation bordering on the Gulf of Mexico if the public has
46	46	acquired a right of use or easement to or over the area by
47	47	prescription, dedication, or has retained a right by virtue of
48	48	continuous right in the public. The doctrine of avulsion does not
49	49	apply to the determination of the boundary of a beach.
50	50	SECTION 4. Section 61.013(c), Natural Resources Code, is
51	51	amended to read as follows:
52	52	(c) For purposes of this section, "public beach" shall mean
53	53	any beach bordering on the Gulf of Mexico that extends inland from
54	54	the line of mean low tide to the natural line of vegetation
55	55	bordering on the seaward shore of the Gulf of Mexico, or such larger
56	56	contiguous area to which the public has acquired a right of use or
57	57	easement to or over by prescription, dedication, or estoppel, or
58	58	has retained a right by virtue of continuous right in the public
59	59	since time immemorial as recognized by law or custom. This
60	60	definition does not include a beach that is not accessible by a
61	61	public road or public ferry as provided in Section 61.021 of this
62	62	code. The doctrine of avulsion does not apply to the determination
63	63	of the boundary of a public beach.
64	64	SECTION 5. Section 61.014(a), Natural Resources Code, is
65	65	amended to read as follows:
66	66	(a) As used in this section, "public beach" means the area
67	67	extending from the line of mean low tide of the Gulf of Mexico to the
68	68	line of vegetation bordering on the Gulf of Mexico, or to a line 200
69	69	feet inland from the line of mean low tide, whichever is nearer the
70	70	line of mean low tide, if the public has acquired a right of use or
71	71	easement to or over the area by prescription, dedication, or has
72	72	retained a right by virtue of continuous right in the public. The
73	73	doctrine of avulsion does not apply to the determination of the
74	74	boundary of a public beach.
75	75	SECTION 6. Section 61.062, Natural Resources Code, is
76	76	amended to read as follows:
77	77	Sec. 61.062. PUBLIC POLICY. It is the public policy of this
78	78	state that the public, individually and collectively, shall have
79	79	the free and unrestricted right of ingress and egress to and from
80	80	the state-owned beaches bordering on the seaward shore of the Gulf
81	81	of Mexico if the public has acquired a right of use or easement to or
82	82	over the area by prescription, dedication, or continuous use. This
83	83	creates a responsibility for the state, in its position as trustee
84	84	for the public, to assist local governments in the cleaning of beach
85	85	areas which are subject to the access rights of the public as
86	86	defined in Subchapter B of this chapter. The doctrine of avulsion
87	87	does not apply to the determination of the boundary of the area to
88	88	which the public has a right of ingress and egress.
89	89	SECTION 7. Section 61.161, Natural Resources Code, is
90	90	amended to read as follows:
91	91	Sec. 61.161. PUBLIC POLICY. It is the public policy of this
92	92	state that the state-owned beaches bordering on the seaward shore
93	93	of the Gulf of Mexico, and any larger area extending from the line
94	94	of mean low tide to the line of vegetation bordering on the Gulf of
95	95	Mexico, if the public has acquired a right of use or easement to or
96	96	over the area by the prescription or dedication or has retained a
97	97	right by virtue of continuous right in the public, shall be used
98	98	primarily for recreational purposes, and any use which
99	99	substantially interferes with the enjoyment of the beach area by
100	100	the public shall constitute an offense against the public policy of
101	101	the state. The doctrine of avulsion does not apply to the
102	102	determination of the boundary of the beach area subject to public
103	103	use. Nothing in this subchapter prevents any agency, department,
104	104	political subdivision, or municipal corporation of this state from
105	105	exercising its lawful authority under any law of this state to
106	106	regulate safety conditions on any beach area subject to public use.
107	107	SECTION 8. Section 61.162(a), Natural Resources Code, is
108	108	amended to read as follows:
109	109	(a) The legislature finds that the operation and
110	110	maintenance of business establishments at fixed or permanent
111	111	locations on the public beaches of this state bordering on the
112	112	seaward shore of the Gulf of Mexico constitute a potential public
113	113	health hazard and a substantial interference with the free and
114	114	unrestricted rights of ingress and egress of the public, both
115	115	individually and collectively, to and from the state-owned beaches
116	116	bordering on the seaward shore of the Gulf of Mexico or any larger
117	117	area extending from the line of mean low tide to the line of
118	118	vegetation bordering on the Gulf of Mexico if the public has
119	119	acquired a right of use or easement to or over the area by
120	120	prescription, dedication, or has retained a right by virtue of
121	121	continuous right in the public. The doctrine of avulsion does not
122	122	apply to the determination of the boundary of a public beach.
123	123	SECTION 9. Section 365.033(b), Health and Safety Code, is
124	124	amended to read as follows:
125	125	(b) In this section, "beach" means an area in which the
126	126	public has acquired a right of use or an easement and that borders
127	127	on the seaward shore of the Gulf of Mexico or extends from the line
128	128	of mean low tide to the line of vegetation bordering on the Gulf of
129	129	Mexico. The doctrine of avulsion does not apply to the
130	130	determination of the boundary of a beach.
131	131	SECTION 10. Section 21.111(c), Parks and Wildlife Code, is
132	132	amended to read as follows:
133	133	(c) If any state park site includes a public beach as
134	134	defined by Section 61.001, Natural Resources Code [on the seaward
135	135	shore of the Gulf of Mexico, extending from the line of mean low
136	136	tide to the line of vegetation, over which the public has acquired a
137	137	right of use or easement to or over the area by prescription or
138	138	dedication or has retained a right by virtue of continuous right in
139	139	the public], no entrance or gate fee may be charged to persons
140	140	desiring to enter or to leave the public beach area, so long as the
141	141	persons do not enter any other portion of the park for which an
142	142	entrance or gate fee is charged.
143	143	SECTION 11. Section 729.001(b), Transportation Code, is
144	144	amended to read as follows:
145	145	(b) In this section, "public beach" has the meaning assigned
146	146	by Section 61.008, Natural Resources Code [means a beach bordering
147	147	on the Gulf of Mexico that extends inland from the line of mean low
148	148	tide to the natural line of vegetation bordering on the seaward
149	149	shore of the Gulf of Mexico, or the larger contiguous area to which
150	150	the public has acquired a right of use or easement to or over by
151	151	prescription, dedication, or estoppel, or has retained a right by
152	152	virtue of continuous right in the public since time immemorial as
153	153	recognized by law or custom].
154	154	SECTION 12. This Act takes effect on the date on which the
155	155	constitutional amendment proposed by the 83rd Legislature, Regular
156	156	Session, 2013, establishing the boundaries of public beaches takes
157	157	effect. If that amendment is not approved by the voters, this Act
158	158	has no effect.