88R7449 JXC-D
By: Cain H.B. No. 5062
A BILL TO BE ENTITLED
AN ACT
relating to a private right of action for the enforcement of public
beach access.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.018, Natural Resources Code, is
amended by adding Subsection (e) to read as follows:
(e) Any person other than a person described by Subsection
(a) may file in a district court of Travis County, or in the county
in which the property is located, a suit to obtain either a
temporary or permanent court order or injunction, either
prohibitory or mandatory, to remove or prevent any improvement,
maintenance, obstruction, barrier, or other encroachment on a
public beach, or to prohibit any unlawful restraint on the public's
right of access to and use of a public beach or other activity that
violates this chapter. This subsection does not authorize a suit to
remove a house described by Subsection (a-1). In an action brought
under this subsection, the court may award a prevailing claimant
reasonable attorney's fees and costs incurred in bringing the
action.
SECTION 2. Section 61.0185(g), Natural Resources Code, is
amended to read as follows:
(g) A county attorney, district attorney, [or] criminal
district attorney, or other person may not file suit under Section
61.018 [61.018(a)] to obtain a temporary or permanent court order
or injunction, either prohibitory or mandatory, to remove a house
from a public beach while the house is subject to an order issued
under this section.
SECTION 3. This Act takes effect September 1, 2023.