| 1 | 1 | | 88R7449 JXC-D |
|---|
| 2 | 2 | | By: Cain H.B. No. 5062 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a private right of action for the enforcement of public |
|---|
| 8 | 8 | | beach access. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 61.018, Natural Resources Code, is |
|---|
| 11 | 11 | | amended by adding Subsection (e) to read as follows: |
|---|
| 12 | 12 | | (e) Any person other than a person described by Subsection |
|---|
| 13 | 13 | | (a) may file in a district court of Travis County, or in the county |
|---|
| 14 | 14 | | in which the property is located, a suit to obtain either a |
|---|
| 15 | 15 | | temporary or permanent court order or injunction, either |
|---|
| 16 | 16 | | prohibitory or mandatory, to remove or prevent any improvement, |
|---|
| 17 | 17 | | maintenance, obstruction, barrier, or other encroachment on a |
|---|
| 18 | 18 | | public beach, or to prohibit any unlawful restraint on the public's |
|---|
| 19 | 19 | | right of access to and use of a public beach or other activity that |
|---|
| 20 | 20 | | violates this chapter. This subsection does not authorize a suit to |
|---|
| 21 | 21 | | remove a house described by Subsection (a-1). In an action brought |
|---|
| 22 | 22 | | under this subsection, the court may award a prevailing claimant |
|---|
| 23 | 23 | | reasonable attorney's fees and costs incurred in bringing the |
|---|
| 24 | 24 | | action. |
|---|
| 25 | 25 | | SECTION 2. Section 61.0185(g), Natural Resources Code, is |
|---|
| 26 | 26 | | amended to read as follows: |
|---|
| 27 | 27 | | (g) A county attorney, district attorney, [or] criminal |
|---|
| 28 | 28 | | district attorney, or other person may not file suit under Section |
|---|
| 29 | 29 | | 61.018 [61.018(a)] to obtain a temporary or permanent court order |
|---|
| 30 | 30 | | or injunction, either prohibitory or mandatory, to remove a house |
|---|
| 31 | 31 | | from a public beach while the house is subject to an order issued |
|---|
| 32 | 32 | | under this section. |
|---|
| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|