Bill Text: TX HB5062 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a private right of action for the enforcement of public beach access.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Judiciary & Civil Jurisprudence [HB5062 Detail]
Download: Texas-2023-HB5062-Introduced.html
88R7449 JXC-D | ||
By: Cain | H.B. No. 5062 |
|
||
|
||
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, [ |
||
district attorney, or other person may not file suit under Section | ||
61.018 [ |
||
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. |