reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter D. County Regulation of Public Use of Beaches › Section 61.132. Closing of Beaches for Space Flight Activities

Sec. 61.132.  CLOSING OF BEACHES FOR SPACE FLIGHT ACTIVITIES.  (a)  This section applies only to a county bordering on the Gulf of Mexico or its tidewater limits that contains a launch site the construction and operation of which have been approved in a record of decision issued by the Federal Aviation Administration following the preparation of an environmental impact statement by that administration.
(b)  A person planning to conduct a launch in a county to which this section applies must submit to the commissioners court proposed primary and backup launch dates for the launch.
(c)  To protect the public health, safety, and welfare, the commissioners court by order may temporarily close a beach in reasonable proximity to the launch site or access points to the beach in the county on a primary or backup launch date, subject to Subsection (d).
(d)  The commissioners court may not close a beach or access points to the beach on a primary launch date consisting of any of the following days without the approval of the land office:
(1)  the Saturday or Sunday preceding Memorial Day;
(2)  Memorial Day;
(3)  July 4;
(4)  Labor Day; or
(5)  a Saturday or Sunday that is after Memorial Day but before Labor Day.
(e)  The commissioners court must comply with the county's beach access and use plan adopted and certified under Section 61.015 and dune protection plan adopted and certified under Chapter 63 when closing a beach or access point under this section.
(f)  The land office may:
(1)  approve or deny a beach or access point closure request under Subsection (d);
(2)  enter into a memorandum of agreement with the commissioners court of a county to which this section applies to govern beach and access point closures made under this section; and
(3)  adopt rules to govern beach and access point closures made under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 152 (H.B. 2623), Sec. 3, eff. May 24, 2013.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.161. Public Policy

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.  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.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.162. Findings

Sec. 61.162.  FINDINGS.  (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.
(b)  The legislature finds that a reasonable number of mobile business establishments which traverse the public beach while doing business are beneficial to the public interest and do not interfere with the free and unrestricted rights of ingress and egress of the public as provided in this subchapter.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.163. Definition

Sec. 61.163.  DEFINITION.  In this subchapter, "business establishment" means any structure or vehicle where any commodity including memberships in any private club or other similar organization is offered to the public for sale or lease but does not include any structure or vehicle where only services are offered to the public for sale.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.164. Application

Sec. 61.164.  APPLICATION.  A person who desires to operate a mobile business establishment on a public beach located outside the municipal limits of an incorporated city shall submit a written application to the county of jurisdiction.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1995, 74th Leg., ch. 399, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.165. Contents of Application

Sec. 61.165.  CONTENTS OF APPLICATION.  The application shall include:
(1)  the name and street address of the applicant;
(2)  the commodity to be sold or leased;  and
(3)  the limits of the territory within which the mobile business establishment will operate.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.166. Filing Fee

Sec. 61.166.  FILING FEE.  (a)  The application shall be accompanied by a filing fee in an amount determined by the county.
(b)  The filing fee may be used by the county to pay the expenses of carrying out the provisions of this subchapter.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 75, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 679, Sec. 63, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 399, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.167. Separate Applications

Sec. 61.167.  SEPARATE APPLICATIONS.  Any applicant who plans to operate more than one mobile business establishment must file a separate application accompanied by a separate filing fee for each mobile business establishment that he seeks to have licensed.
Acts 1977, 65th Leg., p. 2486, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.168. Granting License

Sec. 61.168.  GRANTING LICENSE.  (a)  On finding that the issuance of a license is consistent with recreational needs and the public welfare, and that the mobile business establishment would not create a traffic or safety hazard, and on compliance with this subchapter by the applicant, the county shall grant the license.
(b)  The license shall be valid for a term selected by the county, not to exceed two years from the day it is issued.
(c)  If the license is not granted, the county shall return the filing fee to the applicant.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 342, Sec. 1, eff. June 10, 1985;  Acts 1995, 74th Leg., ch. 399, Sec. 3, eff. Aug. 28, 1995.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.169. Applications Not to Be Granted

Sec. 61.169.  APPLICATIONS NOT TO BE GRANTED.  The county shall not grant an application:
(1)  for a business establishment located at a fixed or permanent location on a public beach; or
(2)  that does not otherwise meet the terms and provisions of this subchapter.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1995, 74th Leg., ch. 399, Sec. 4, eff. Aug. 28, 1995.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.170. License Prohibition Against Glass Containers

Sec. 61.170.  LICENSE PROHIBITION AGAINST GLASS CONTAINERS.  (a)  Each license granted under this subchapter authorizing the sale of commodities on a public beach shall include a prohibition against the sale of any commodity in a glass container.
(b)  Any person selling a commodity in a glass container on a public beach outside the boundaries of any incorporated city shall have his rights conferred by the license immediately terminated and revoked as provided in Section 61.172 of this code.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.171. Assignment

Sec. 61.171.  ASSIGNMENT.  No license issued under this subchapter may be assigned.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.172. Termination and Revocation of License

Sec. 61.172.  TERMINATION AND REVOCATION OF LICENSE.  (a)  The failure or refusal of the licensee to comply with the terms and conditions of a license shall operate as an immediate termination and revocation of all rights conferred in or claimed under the license.
(b)  The termination and revocation of the license is not effective until notice is delivered by mail to the address of the licensee listed on the application for the license.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.173. Maximum Territorial Limits

Sec. 61.173.  MAXIMUM TERRITORIAL LIMITS.  (a)  If territorial limitations are applied uniformly to all applicants seeking to operate mobile business establishments in the territory, the county may establish maximum territorial limits over which mobile business establishments may operate.
(b)  A license to sell or lease only surfboards and related equipment may not be limited as to the territory over which the mobile business establishment may operate.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1995, 74th Leg., ch. 399, Sec. 5, eff. Aug. 28, 1995.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.174. Additional Standards

Sec. 61.174.  ADDITIONAL STANDARDS.  In addition to other standards provided in this subchapter, it is the intention of the legislature that the county exercise the authority delegated to it under this subchapter according to the following considerations:
(1)  that the number of mobile business establishments licensed by the county should not constitute a substantial interference with the free and unrestricted rights of ingress and egress of the public provided in this subchapter;
(2)  that the number of licenses issued by the county under this subchapter are sufficient to ensure free and unrestricted competition in selling or leasing of commodities to the public;  and
(3)  that no person should be allowed to operate any mobile business establishment on any public beach in restraint of trade or competition by which the person controls all or substantially all the business establishments on the public beach licensed by the county.
Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1995, 74th Leg., ch. 399, Sec. 6, eff. Aug. 28, 1995.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.175. Rules, Procedures, and Conditions

Sec. 61.175.  RULES, PROCEDURES, AND CONDITIONS.  The county may establish additional rules, procedures, and conditions necessary or appropriate to carry out the purposes of this subchapter.
Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1995, 74th Leg., ch. 399, Sec. 7, eff. Aug. 28, 1995.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.176. Areas Exempt From Subchapter

Sec. 61.176.  AREAS EXEMPT FROM SUBCHAPTER.  This subchapter does not apply to a public beach that is within the boundaries of a state park designated by the department or to a remote beach on any island or peninsula which is not accessible by public road or common carrier ferry facility as long as that condition exists.
Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.177. Penalty

Sec. 61.177.  PENALTY.  A person, who for himself or on behalf of or under the direction of another person, operates any business establishment, whether mobile or at a fixed or permanent location, on any public beach outside the boundaries of any incorporated city without first obtaining a license to operate the business establishment from the county shall be fined not less than $10 nor more than $200.
Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1995, 74th Leg., ch. 399, Sec. 8, eff. Aug. 28, 1995.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter E. Licenses for Business Establishments › Section 61.178. Enforcement

Sec. 61.178.  ENFORCEMENT.  At the request of a county, department game wardens will assist with enforcement of the provisions of this Act, or permits issued hereunder, along with any other state or local law enforcement entities with jurisdiction over public beaches.
Added by Acts 1995, 74th Leg., ch. 399, Sec. 9, eff. Aug. 28, 1995.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.211. Findings

Sec. 61.211.  FINDINGS.  The legislature finds that the unregulated excavation, taking, removal, and carrying away of sand, marl, gravel, and shell from islands and peninsulas bordering on the Gulf of Mexico and from the public beaches of the state constitute a substantial interference with public enjoyment of Texas beaches and a hazard to life and property.
Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.212. Exemptions From Subchapter

Sec. 61.212.  EXEMPTIONS FROM SUBCHAPTER.  (a)  The provisions of this subchapter do not apply:
(1)  to excavating, taking, removing, or carrying away sand, marl, gravel, or shell made for the purpose of constructing improvements on real property if the improvements are constructed on the property on which the excavating, taking, removing, or carrying away occurs;
(2)  to any landowner who desires to shift sand, marl, gravel, or shell from one location to another on land wholly owned by him;  or
(3)  to any agency of the federal or state government or any county, city, or other political subdivision or any of their agents or officers acting in their official capacities.
(b)  Any person who holds a lease that was issued by the state under Chapter 377, Acts of the 57th Legislature, Regular Session, 1961 (Article 5415e, Vernon's Texas Civil Statutes), before it was repealed shall be treated as an owner of the land and shall be entitled to excavate, take, remove, and carry away sand, marl, gravel, or shell for the purposes provided in Subsection (a) of this section without obtaining a permit from the commissioners court.
Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.213. Application

Sec. 61.213.  APPLICATION.  Before a person excavates, takes, removes, or carries away sand, marl, gravel, or shell from land located on an exposed island or peninsula bordering on the Gulf of Mexico or from land located within 1,500 feet of a mainland public beach that is located outside the boundaries of an incorporated city, town, or village, he must submit a written application to the commissioners court of the county in which the excavation, taking, removal, or carrying away is to take place.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.214. Contents of Application

Sec. 61.214.  CONTENTS OF APPLICATION.  The application shall include:
(1)  the name of the applicant;
(2)  the location and dimensions of the proposed excavation;
(3)  the property interest or contractual right that enables the applicant to excavate, take, remove, or carry away sand, marl, gravel, or shell;  and
(4)  certification by the county treasurer, or other official exercising similar authority if there is no county treasurer, that the applicant has deposited a filing fee of $50.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.215. Prerequisites to Issuance of Permit

Sec. 61.215.  PREREQUISITES TO ISSUANCE OF PERMIT.  No permit may be issued by the commissioners court under this subchapter to excavate, take, remove, or carry away sand, marl, gravel, or shell from land owned by the state, public beach, or privately owned land that is subject to this subchapter and that is not located on a public beach, unless the applicant is the owner of the land on which the proposed excavating, taking, removing, or carrying away is to take place or unless the applicant is acting with the knowledge and consent of the owner.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.216. Notice of Applications Received

Sec. 61.216.  NOTICE OF APPLICATIONS RECEIVED.  (a)  The commissioners court shall give public notice of all applications received for permits to excavate, take, remove, or carry away sand, marl, gravel, or shell.
(b)  The notice shall be published once in a newspaper of general circulation in the county.
(c)  The notice shall include the name of the applicant and the location and dimensions of the proposed activity.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.217. Public Hearing

Sec. 61.217.  PUBLIC HEARING.  (a)  The commissioners court shall hold a public hearing if the hearing is requested by any citizen within 10 days after notice is published under Section 61.216 of this code.
(b)  The hearing may not be held less than 30 days from the date of the first publication of notice under Section 61.218 of this code.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.218. Notice of Public Hearing

Sec. 61.218.  NOTICE OF PUBLIC HEARING.  Notice of the public hearing shall be published at least once a week for at least two weeks in a newspaper of general circulation in the county.
Acts 1977, 65th Leg., p. 2489, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.219. Issuance of Permit

Sec. 61.219.  ISSUANCE OF PERMIT.  (a)  On a finding that the proposed excavating, taking, removing, or carrying away would not create hazardous conditions or imperil lives or property by exposing the island or peninsula or public beach to the ravages of storm water, the commissioners court may issue a permit to the applicant, and it shall be valid for six months from the date of its issuance.
(b)  The decision to issue a permit shall be made with the advice and counsel of the county engineer in counties in which the commissioners court employs a county engineer.
(c)  None of the provisions of this subchapter prohibit a commissioners court from issuing a permit to a person who holds a right-of-way easement granted by the commissioner for a pipeline to cross state land, provided the applicant complies with the provisions of this subchapter relating to the issuance of permits.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.220. Return of Filing Fee

Sec. 61.220.  RETURN OF FILING FEE.  If the commissioners court refuses to issue the permit, the applicant may recover his filing fee from the county treasurer or other official exercising similar authority if there is no county treasurer.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.221. Assignment of Permits

Sec. 61.221.  ASSIGNMENT OF PERMITS.  No permit may be assigned without the approval of the commissioners court.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.222. Termination and Revocation of Permit

Sec. 61.222.  TERMINATION AND REVOCATION OF PERMIT.  Failure or refusal of the permittee to comply with the terms and conditions of the permit operates as an immediate termination and revocation of all rights conferred by or claimed under the permit.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.223. Suits for Orders and Injunctions

Sec. 61.223.  SUITS FOR ORDERS AND INJUNCTIONS.  The attorney general, any county attorney, district attorney, or criminal district attorney of the state shall file in a district court in the county in which the conduct takes place, a suit seeking temporary or permanent court orders or injunctions to prohibit any excavating, taking, removing, or carrying away of any sand, marl, gravel, or shell from land located on an exposed island or peninsula bordering on the Gulf of Mexico or from land located within 1,500 feet of a public beach of this state if the land is located outside the boundaries of an incorporated city, town, or village in violation of the provisions of this subchapter.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.224. Penalty

Sec. 61.224.  PENALTY.  A person who for himself or on behalf of or under the direction of another person excavates, takes, removes, or carries away sand, marl, gravel, or shell from land located on an exposed island or peninsula bordering on the Gulf of Mexico or from land located within 1,500 feet of a public beach of this state, if the land is located outside the boundaries of any incorporated city, town, or village, in violation of the provisions of this subchapter shall be fined not less than $10 nor more than $200.  Each day a violation occurs constitutes a separate offense.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.225. Sand, Marl, Gravel, or Shell From Public Beaches Within Incorporated Cities, Towns, or Villages

Sec. 61.225.  SAND, MARL, GRAVEL, OR SHELL FROM PUBLIC BEACHES WITHIN INCORPORATED CITIES, TOWNS, OR VILLAGES.  No incorporated city, town, or village having within its boundaries a public beach may authorize a person to excavate, take, remove, or carry away any sand, marl, gravel, or shell from the public beach except for the construction of a publicly owned and operated recreational facility or for the construction of a shoreline protection structure.
Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.226. Application of Subchapter to Certain Islands and Peninsulas

Sec. 61.226.  APPLICATION OF SUBCHAPTER TO CERTAIN ISLANDS AND PENINSULAS.  The provisions of this subchapter do not apply to any island or peninsula that is not accessible by a public road or common carrier ferry facility as long as that condition continues.
Acts 1977, 65th Leg., p. 2491, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter F. Removal of Sand, Marl, Gravel, and Shell › Section 61.227. Authority of Parks and Wildlife Department

Sec. 61.227.  AUTHORITY OF PARKS AND WILDLIFE DEPARTMENT.  None of the provisions of this subchapter may be construed to repeal or modify the provisions of Chapter 86, Parks and Wildlife Code, which relate to the powers and duties of the Parks and Wildlife Department over matters pertaining to the sale, taking, carrying away, or disturbing of sand, marl, gravel, or shell of commercial value and gravel, shells, mud shell, and oyster beds and their protection from free use and unlawful disturbing or appropriation, nor may this subchapter be construed to create additional or supplemental requirements or procedures to those provided in Chapter 86, Parks and Wildlife Code.
Acts 1977, 65th Leg., p. 2491, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter G. Permits for Mass Gatherings › Section 61.251. Definition

Sec. 61.251.  DEFINITION.  In this subchapter, "mass gathering" means a gathering that attracts or is expected to attract more than 200 individuals who will remain at the location of the gathering for more than two continuous hours.
Added by Acts 2001, 77th Leg., ch. 1109, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter G. Permits for Mass Gatherings › Section 61.252. Permit Requirements

Sec. 61.252.  PERMIT REQUIREMENTS.  (a)  To protect the public health, safety, and welfare, the commissioners court of a county bordering on the Gulf of Mexico or its tidewater limits, by order, may regulate mass gatherings of individuals on any beach in the unincorporated area of the county by requiring a person to obtain a permit and pay a permit fee set by the commissioners court before the person may hold a mass gathering.
(b)  A commissioners court that requires a permit under this subchapter must adopt procedures governing the application for and issuance of a permit under this subchapter.  The commissioners court may require the holder of the permit to take reasonable specified actions to protect the public health, safety, and welfare.
Added by Acts 2001, 77th Leg., ch. 1109, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter G. Permits for Mass Gatherings › Section 61.253. Injunction

Sec. 61.253.  INJUNCTION.  The county is entitled to appropriate injunctive relief to prevent the violation or threatened violation of an order adopted under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1109, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter G. Permits for Mass Gatherings › Section 61.254. Criminal Penalty

Sec. 61.254.  CRIMINAL PENALTY.  A person commits an offense if the person violates an order adopted under this chapter.  An offense under this section is a Class B misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1109, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter A. General Provisions › Section 62.001. Applicability

Sec. 62.001.  APPLICABILITY.  (a)  The provisions of this chapter apply to counties that are located or border on the Gulf of Mexico and have within their boundaries beaches that are suitable for park purposes.  The suitability of a beach for park purposes is established conclusively when the commissioners court of the county makes a finding that the beach located within its boundaries, but not located within the boundaries of an incorporated city, is suitable for park purposes.
(b)  As long as an island or peninsula is not accessible by a public road or common carrier ferry facility, the provisions of this chapter do not apply to that island or peninsula.
(c)  The provisions of this chapter do not interfere with, preempt, or in any manner restrict or usurp the authority of the land office over state-owned beaches.
(d)  The provisions of this chapter do not prohibit the creation of, or limit the lawful actions of, a beach park board of trustees of a home-rule city as provided in Chapter 306, Local Government Code.
(e)  The provisions of this chapter do not permit any interference with the right the public has under the provisions of Subchapter B, Chapter 61, to the free and unrestricted use of, and to ingress and egress to, the area bordering on the Gulf of Mexico from mean low tide to the line of vegetation, as that term is defined in Section 61.001.  A county, county official, or anyone acting under the authority of this chapter may not exercise any authority, contract out a right to exercise authority, or otherwise delegate authority beyond that specifically granted to it in Sections 61.122 through 61.128 over that area notwithstanding any of the specific provisions of this chapter.  The rights established in Subchapters B and D, Chapter 61, are paramount over the rights or interests that might otherwise be created by the provisions of this chapter, and nothing in this chapter encroaches on those rights or upon land, or interests in land, that may ultimately be held subject to those rights.
Acts 1977, 65th Leg., p. 2492, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 149, Sec. 39, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 13.001, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter A. General Provisions › Section 62.002. Definition

Sec. 62.002.  DEFINITION.  In this chapter, "board" means the Beach Park Board of Trustees.
Acts 1977, 65th Leg., p. 2493, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter B. Creation of Board › Section 62.011. Purpose and Authority

Sec. 62.011.  PURPOSE AND AUTHORITY.  A county located or bordering on the Gulf of Mexico with a beach suitable for park purposes may create a board in the manner provided in this subchapter for the purpose of improving, equipping, maintaining, financing, and operating a public park or parks, or any facilities owned by the county, or to be acquired by the county, or to be managed by the county under the terms of a written contract.  The board, to be designated Beach Park Board of Trustees, has the powers and duties specified in this chapter.
Acts 1977, 65th Leg., p. 2493, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter B. Creation of Board › Section 62.012. Method of Creating Board

Sec. 62.012.  METHOD OF CREATING BOARD.  A board may be created after a favorable majority vote of the qualified voters of the county voting at an election held on the proposition.
Acts 1977, 65th Leg., p. 2493, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter B. Creation of Board › Section 62.013. Election

Sec. 62.013.  ELECTION.  (a)  The election shall be called by the commissioners court.
(b)  Notice of the election shall be given in the manner provided by Chapter 1251, Government Code.
(c)  The ballots shall be printed to provide for voting for or against the proposition:  "Establishing a beach park board of trustees."
Acts 1977, 65th Leg., p. 2493, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.353, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.041. Members of Board

Sec. 62.041.  MEMBERS OF BOARD.  (a)  The board is composed of seven members appointed by the commissioners court.
(b)  One board member shall be a member of the commissioners court.
Acts 1977, 65th Leg., p. 2493, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.042. Term of Office

Sec. 62.042.  TERM OF OFFICE.  (a)  With the exception of the trustees first appointed, a trustee serves for a term of two years from the date of appointment.
(b)  At the time of the appointment of the first trustees, the commissioners court shall designate three trustees to serve for one year and four trustees to serve for two years.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.043. Oath and Bond

Sec. 62.043.  OATH AND BOND.  (a)  A trustee shall qualify within 15 days after his appointment by taking the official oath and filing a good and sufficient bond with the county clerk.
(b)  The bond shall be approved by the commissioners court, payable to the county, in a sum not to exceed $5,000 as approved by the commissioners court of the county, and conditioned on the faithful performance of the duties of the trustee, including his proper handling of all money which may come into his hands in his capacity as a member of the board.
(c)  The cost of the bond shall be paid by the board.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.044. Compensation; Expenses

Sec. 62.044.  COMPENSATION;  EXPENSES.  A trustee serves without compensation but shall be reimbursed for travel and other necessary expenses incurred in the performance of his official duties.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.045. Vacancy

Sec. 62.045.  VACANCY.  A vacancy on the board shall be filled by appointment of the commissioners court.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.046. Officers of Board

Sec. 62.046.  OFFICERS OF BOARD.  (a)  On the appointment of the first trustees, the commissioners court shall designate one of the trustees to serve as chairman of the board for a period of one year.
(b)  After the first year the board annually shall elect a chairman, a vice-chairman, a secretary, and a treasurer from among its members.  The office of secretary and treasurer may be held by the same person.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.047. Park Manager

Sec. 62.047.  PARK MANAGER.  The board may employ and compensate a manager for any parks or facilities and may give him full authority in the management and operation of the park or parks or facilities subject only to the direction and orders of the board.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.048. Legal Services

Sec. 62.048.  LEGAL SERVICES.  (a)  The board may call on the county attorney of the county for the legal services it requires.
(b)  In lieu of or in addition to the county attorney, the board may employ and compensate its own counsel and legal staff.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.049. Employees of Board

Sec. 62.049.  EMPLOYEES OF BOARD.  (a)  The board may employ temporary or permanent secretaries, stenographers, bookkeepers, accountants, technical experts, and other agents and employees it requires.
(b)  The board shall determine the qualifications, duties, and compensation of its employees.
Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.050. Meetings

Sec. 62.050.  MEETINGS.  (a)  The board shall hold regular meetings at times set by the board.
(b)  The board may hold special meetings at the times business or necessity requires.  Special meetings may be called by the chairman or any three members of the board.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.051. Board Records

Sec. 62.051.  BOARD RECORDS.  (a)  The board shall keep a true and full record of all its meetings and proceedings and maintain the records of the board in a secure manner.
(b)  The board may contract with the commissioners court of the county to have the county keep and maintain its records.
(c)  All the records are the property of the board and are subject to inspection by the commissioners court at all reasonable times.
(d)  The preservation, microfilming, destruction, or other disposition of the records of the board is subject to the requirements of Subtitle C, Title 6, Local Government Code, and rules adopted under that subtitle.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 65, eff. Sept. 1, 1989.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.052. Management of Funds

Sec. 62.052.  MANAGEMENT OF FUNDS.  The money belonging to or under control of the board shall be deposited and secured in the same manner prescribed by law for county funds.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.053. Audit

Sec. 62.053.  AUDIT.  Independent auditors selected by the board shall make an annual audit of all financial transactions and records of the board.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.054. Court Actions

Sec. 62.054.  COURT ACTIONS.  The board may sue and be sued in its own name.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter C. Administrative Provisions › Section 62.055. Seal

Sec. 62.055.  SEAL.  The board shall adopt a seal which shall be placed on all leases, deeds, and other instruments usually executed under seal and on other instruments required by the board.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter D. Powers and Duties › Section 62.091. Land Under Jurisdiction, Management, and Control

Sec. 62.091.  LAND UNDER JURISDICTION, MANAGEMENT, AND CONTROL.  (a)  The following land is under the jurisdiction of the board:
(1)  public beaches owned in fee by the county; and
(2)  land used as parks in connection with public beaches not located inside the boundaries of an incorporated city and not inside the area bordering on the Gulf of Mexico from the line of mean low tide to the line of vegetation as that term is defined in Section 61.001.
(b)  The Commissioners Court may designate the following land to be under the management and control of the board:
(1)  additional parks and facilities owned by the county;  or
(2)  additional parks and facilities to be managed by the county under the terms of a written contract.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 13.002, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter D. Powers and Duties › Section 62.092. Priority of Jurisdiction

Sec. 62.092.  PRIORITY OF JURISDICTION.  (a)  The board has no jurisdiction over a public beach located inside the boundaries of the county that has been designated a national park, national seashore, or state park.
(b)  The authority of the board preempts the right of the county board of park commissioners to act with regard to a beach, park, or facility within the jurisdiction of the board.
(c)  The provisions of this chapter are cumulative of other laws relating to county parks but take precedence in the event of conflict.
Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.