Bill Text: TX HB325 | 2013-2014 | 83rd Legislature | Comm Sub

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Bill Title: Relating to the boundaries of public beaches.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2013-05-08 - Committee report sent to Calendars [HB325 Detail]

Download: Texas-2013-HB325-Comm_Sub.html

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83R20598 JXC-D
By: Dutton H.B. No. 325
Substitute the following for H.B. No. 325:
By: Deshotel C.S.H.B. No. 325

A BILL TO BE ENTITLED
AN ACT
relating to the boundaries of 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
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. The
doctrine of avulsion does not apply to the determination of the
boundary of a public beach.
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, 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. The
doctrine of avulsion does not apply to the determination of the
boundary of the area to which the public has a right of ingress and
egress.
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 or any
larger area extending from the line of mean low tide to the line of
vegetation bordering on the Gulf of Mexico 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. The doctrine of avulsion does not
apply to the determination of the boundary of a beach.
SECTION 4. Section 61.013(c), Natural Resources Code, is
amended to read as follows:
(c) For purposes of this section, "public beach" shall mean
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, 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. The doctrine of avulsion does not apply to the determination
of the boundary of a public beach.
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, 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. The
doctrine of avulsion does not apply to the determination of the
boundary of a public beach.
SECTION 6. 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. The doctrine of avulsion
does not apply to the determination of the boundary of the area to
which the public has a right of ingress and egress.
SECTION 7. 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, 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. The doctrine of avulsion does not apply to the
determination of the boundary of the beach area subject to public
use. 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 8. 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 or any larger
area extending from the line of mean low tide to the line of
vegetation bordering on the Gulf of Mexico 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. The doctrine of avulsion does not
apply to the determination of the boundary of a public beach.
SECTION 9. Section 365.033(b), Health and Safety Code, is
amended to read as follows:
(b) In this section, "beach" means an area 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 extends from the line
of mean low tide to the line of vegetation bordering on the Gulf of
Mexico. The doctrine of avulsion does not apply to the
determination of the boundary of a beach.
SECTION 10. Section 21.111(c), Parks and Wildlife Code, is
amended to read as follows:
(c) If any state park site includes a public beach as
defined by Section 61.001, Natural Resources Code [on the seaward
shore of the Gulf of Mexico, extending from the line of mean low
tide to the line of vegetation, 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 11. Section 729.001(b), Transportation Code, is
amended to read as follows:
(b) In this section, "public beach" has the meaning assigned
by Section 61.008, Natural Resources Code [means 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, 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 12. 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 takes
effect. If that amendment is not approved by the voters, this Act
has no effect.