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 B. Access to Public Beaches › Section 61.0171. Temporary Suspension of Line of Vegetation Determination

Sec. 61.0171.  TEMPORARY SUSPENSION OF LINE OF VEGETATION DETERMINATION.  (a)  The commissioner may, by order, suspend action on conducting a line of vegetation determination for a period of up to three years from the date the order is issued if the commissioner determines that the line of vegetation was obliterated as a result of a meteorological event.  For the duration of the order, the public beach shall extend to a line 200 feet inland from the line of mean low tide as established by a licensed state land surveyor.
(b)  An order issued under this section shall be:
(1)  posted on the land office's Internet website;
(2)  published by the land office as a miscellaneous document in the Texas Register; and
(3)  filed for record by the land office in the real property records of the county in which the area of beach subject to the order is located.
(c)  Issuance of an order under this section is purely within the discretion of the commissioner.  This section does not create:
(1)  a duty on the part of the commissioner to issue an order related to the line of vegetation; or
(2)  a private cause of action for:
(A)  issuance of an order under this section; or
(B)  failure to issue an order under this section.
(d)  Chapter 2007, Government Code, does not apply to an order issued under this section.
(e)  If the commissioner issues an order under this section, a limitations period established by statute, under common law, or in equity that may be asserted or claimed in any action under this chapter is suspended and does not run against this state, the public, or private land owners for the period the order is in effect.
(f)  Following the expiration of an order issued under this section, the commissioner shall make a determination regarding the line of vegetation in accordance with Sections 61.016 and 61.017 and taking into consideration the effect of the meteorological event on the location of the public beach easement.
(g)  The commissioner may consult with the Bureau of Economic Geology of The University of Texas at Austin or a licensed state land surveyor and consider other relevant factors when making a determination under Subsection (f) regarding the annual erosion rate for the area of beach subject to the order issued under this section.
(h)  The line of vegetation, as determined by the commissioner under Subsection (f), shall constitute the landward boundary of the area subject to public easement until the line of vegetation moves landward due to a subsequent meteorological event, erosion, or public use, or until a final court adjudication establishes the line in another place.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1086 (H.B. 3459), Sec. 5, eff. September 1, 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 B. Access to Public Beaches › Section 61.0181. Administrative Penalty

Sec. 61.0181.  ADMINISTRATIVE PENALTY.  The commissioner may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter in the amount provided by Section 61.018(c) for a civil penalty.  In determining the amount of the penalty, the commissioner shall consider:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard or damage caused thereby;
(2)  the degree of cooperation and quality of response;
(3)  the degree of culpability and history of previous violations by the person subject to the penalty;
(4)  the amount necessary to deter future violations; and
(5)  any other matter that justice requires.
Added by Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 13, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter B. Access to Public Beaches › Section 61.0182. Enforcement Provisions Cumulative

Sec. 61.0182.  ENFORCEMENT PROVISIONS CUMULATIVE.  This subchapter is cumulative of all other applicable penalties, remedies, and enforcement and liability provisions.
Added by Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 13, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter B. Access to Public Beaches › Section 61.0183. Removal of Certain Structures, Improvements, Obstructions, Barriers, and Hazards on Public Beach

Sec. 61.0183.  REMOVAL OF CERTAIN STRUCTURES, IMPROVEMENTS, OBSTRUCTIONS, BARRIERS, AND HAZARDS ON PUBLIC BEACH.  (a)  The commissioner may order the removal of a structure, improvement, obstruction, barrier, or hazard from a public beach if the commissioner finds the structure, improvement, obstruction, barrier, or hazard to be on the public beach as defined by Section 61.013(c) and:
(1)  the structure, improvement, obstruction, barrier, or hazard was constructed or placed on the beach in a manner that is inconsistent with the local government's beach access and use plan; or
(2)  the structure, improvement, obstruction, or barrier constitutes an imminent hazard to safety, health, or public welfare.
(b)  The decision to remove a structure, improvement, obstruction, barrier, or hazard under this section is discretionary with the commissioner.  This section does not impose a duty on the state to remove a structure, improvement, obstruction, barrier, or hazard or to remedy or warn of a hazardous condition on the public beach.
(c)  The commissioner may contract for the removal and disposal of a structure, improvement, obstruction, barrier, or hazard under this section and may pay the costs of removal from money appropriated by the legislature.
Added by Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 13, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter B. Access to Public Beaches › Section 61.019. Declaratory Judgment Suits

Sec. 61.019.  DECLARATORY JUDGMENT SUITS.  (a)  A littoral owner whose rights are determined or affected by this subchapter may bring suit for a declaratory judgment against the state to try the issue or issues.
(b)  Service of citation on the state shall be made by serving the citation on the attorney general.
Acts 1977, 65th Leg., p. 2479, 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 B. Access to Public Beaches › Section 61.020. Prima Facie Evidence

Sec. 61.020.  PRIMA FACIE EVIDENCE.  (a)  In a suit or administrative proceeding brought or defended under this subchapter or whose determination is affected by this subchapter, a showing that the area in question is located in the area from mean low tide to the line of vegetation is prima facie evidence that:
(1)  the title of the littoral owner does not include the right to prevent the public from using the area for ingress and egress to the sea; and
(2)  there is imposed on the area a common law right or easement in favor of the public for ingress and egress to the sea.
(b)  The determination of the location of the line of vegetation by the commissioner as provided by Sections 61.016 and 61.017 constitutes prima facie evidence of the landward boundary of the area subject to the public easement until a court adjudication establishes the line in another place.
Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 11, eff. June 7, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 14, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter B. Access to Public Beaches › Section 61.021. Area Not Covered by Subchapter

Sec. 61.021.  AREA NOT COVERED BY SUBCHAPTER.  (a)  None of the provisions of this subchapter apply to beaches on islands or peninsulas that are not accessible by a public road or ferry facility for as long as the condition exists.
(b)  A local government or local official may not adopt, apply, or enforce a beach access and use plan or any other provision of this subchapter within a state or national park area, wildlife refuge, or other designated state or national natural area.
(c)  Any requirement to keep a beach open for vehicular traffic under this subchapter or rules adopted under this subchapter does not apply to a beach or segment of a beach within 3,100 feet of a natural science laboratory in a county with a population of 40,000 or less.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 14, eff. June 7, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 32, eff. June 19, 2009.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter B. Access to Public Beaches › Section 61.0211. State or National Park Covered by Subchapter

Sec. 61.0211.  STATE OR NATIONAL PARK COVERED BY SUBCHAPTER.  This subchapter applies to any island or peninsula that is a state or national park or wildlife management area regardless of whether the island or peninsula is accessible by public road or ferry facility.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 12, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter B. Access to Public Beaches › Section 61.023. Effect on Land Titles and Property Adjacent to and on Beaches

Sec. 61.023.  EFFECT ON LAND TITLES AND PROPERTY ADJACENT TO AND ON BEACHES.  The provisions of this subchapter shall not be construed as affecting in any way the title of the owners of land adjacent to any state-owned beach bordering on the seaward shore of the Gulf of Mexico or to the continuation of fences for the retention of livestock across sections of beach which are not accessible to motor vehicle traffic by public road or by beach.
Acts 1977, 65th Leg., p. 2480, 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 B. Access to Public Beaches › Section 61.024. Effect of Subchapter on Definition of Public Beach

Sec. 61.024.  EFFECT OF SUBCHAPTER ON DEFINITION OF PUBLIC BEACH.  None of the provisions of this subchapter shall reduce, limit, construct, or vitiate the definition of public beaches which has been defined from time immemorial in law and custom.
Acts 1977, 65th Leg., p. 2480, 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 B. Access to Public Beaches › Section 61.026. Beach Access Public Awareness and Education

Sec. 61.026.  BEACH ACCESS PUBLIC AWARENESS AND EDUCATION.  (a)  The land office in conjunction with the Texas Department of Transportation shall design and produce a uniform bilingual beach access sign to be used by local governments to designate access ways to and from public beaches.
(b)  The land office may develop and distribute public information about the requirements of this chapter, the importance of natural beach and dune systems, and the necessity for preserving them.  Such information may include public service announcements made under the direction of the land office.
(c)  The Texas A&M University Sea Grant Program shall make available to public schools materials for natural science classes which explain the importance of natural beach and dune systems and the necessity of preserving them.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 15, eff. June 7, 1991.  Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(54), eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 245, Sec. 6, eff. June 18, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.061. Purpose

Sec. 61.061.  PURPOSE.  It is the purpose of this subchapter to allocate responsibility for cleaning the beaches of this state and to preserve and protect local initiative in the maintenance and administration of beaches.
Acts 1977, 65th Leg., p. 2480, 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 C. Maintenance of the Public Beaches › Section 61.062. Public Policy

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.
Acts 1977, 65th Leg., p. 2480, 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 C. Maintenance of the Public Beaches › Section 61.063. Definitions

Sec. 61.063.  DEFINITIONS.  In this subchapter:
(1)  "Clean and maintain" means the collection and removal of litter and debris and the supervision and elimination of sanitary and safety conditions that would pose a threat to personal health or safety if not removed or otherwise corrected and includes the employment of lifeguards, beach patrols, and litter patrols.
(2)  "Land office" means the General Land Office.
Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.064. Application of Subchapter

Sec. 61.064.  APPLICATION OF SUBCHAPTER.  This subchapter applies to incorporated cities, towns, and villages that are located or border on the Gulf of Mexico and to all counties that are located or border on the Gulf of Mexico if the city, town, or village or county that makes application for funds under this subchapter has within its boundaries public beaches.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 366, ch. 163, Sec. 1, eff. Aug. 27, 1979.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.065. Duty of Cities

Sec. 61.065.  DUTY OF CITIES.  (a)  It is the duty and responsibility of the governing body of any incorporated city, town, or village located or bordering on the Gulf of Mexico to clean and maintain the condition of all public beaches within the corporate boundaries.
(b)  The duty to clean and maintain the condition of public beaches does not extend to any public beach within the corporate boundaries that is owned by the county in which it is located.
(c)  As part of the duty under this section to clean and maintain the condition of public beaches, a municipality shall:
(1)  during reasonable daylight hours, as established and posted by the municipality, from Memorial Day to Labor Day, provide, or ensure that a park board created by the municipality under Chapter 306, Local Government Code, provides:
(A)  occupied lifeguard towers or mobile lifeguard units on each side of each pier, jetty, or other structure that protrudes into the Gulf of Mexico that is located within the corporate boundaries; or
(B)  a single occupied lifeguard tower or mobile lifeguard unit at each pier, jetty, or other structure that protrudes into the Gulf of Mexico that is located within the corporate boundaries if the single tower provides an unobstructed view of both sides of the structure; and
(2)  post within 100 yards of each side of each structure described by Subdivision (1) signs clearly describing the dangerous water conditions that may occur near the structure.
(d)  A municipality may suspend or alter the duties imposed under Subsection (c) during dangerous weather conditions or emergency operations.
(e)  Subsection (c)(1) does not apply to a municipality with a population of less than 1,000 that is located in a county adjacent to a county with a population of more than 3.3 million.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 724 (H.B. 3807), Sec. 2, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 466 (H.B. 630), Sec. 1, eff. June 10, 2023.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.066. Duty of County

Sec. 61.066.  DUTY OF COUNTY.  (a)  It is the duty and responsibility of the commissioners court of any county located or bordering on the Gulf of Mexico to clean and maintain the condition of all public beaches located inside the county but outside the boundaries of any incorporated city located or bordering on the Gulf of Mexico and all public beaches owned by the county and located inside the boundaries of an incorporated city, town, or village.
(b)  As part of the duty under this section to clean and maintain the condition of public beaches, a county shall:
(1)  during reasonable daylight hours, as established and posted by the county, from Memorial Day to Labor Day, provide:
(A)  occupied lifeguard towers or mobile lifeguard units on each side of each pier, jetty, or other structure that protrudes into the Gulf of Mexico that is located on a public beach described by Subsection (a); or
(B)  a single occupied lifeguard tower or mobile lifeguard unit at each pier, jetty, or other structure that protrudes into the Gulf of Mexico that is located on a public beach described by Subsection (a) if the single tower provides an unobstructed view of both sides of the structure; and
(2)  post within 100 yards of each side of each structure described by Subdivision (1) signs clearly describing the dangerous water conditions that may occur near the structure.
(c)  A county may suspend or alter the duties imposed under Subsection (b) during dangerous weather conditions or emergency operations.
(e)  Subsection (b)(1) does not apply to a county adjacent to a county with a population of more than 3.3 million that contains a municipality adjacent to the Gulf of Mexico with a population of less than 1,000.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 724 (H.B. 3807), Sec. 3, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 466 (H.B. 630), Sec. 2, eff. June 10, 2023.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.067. Duty of State

Sec. 61.067.  DUTY OF STATE.  (a)  It is the duty and responsibility of the state to clean and maintain the condition of all public beaches located within state parks designated by the department.
(a-1)  Notwithstanding Sections 61.065 and 61.066, the land office shall clean, maintain, and clear debris from a public beach that is located in an area designated as a threatened area in a declaration of a state of disaster issued under Section 418.014, Government Code.  The duty of the land office under this subsection is limited to debris related to the event that is the subject of the disaster declaration.
(a-2)  As part of the duty under this section to clean and maintain the condition of public beaches located within state parks, the department shall:
(1)  during reasonable daylight hours, as established and posted by the department, from Memorial Day to Labor Day, provide:
(A)  occupied lifeguard towers or mobile lifeguard units on each side of each pier, jetty, or other structure that protrudes into the Gulf of Mexico that is located within a state park; or
(B)  a single occupied lifeguard tower or mobile lifeguard unit at each pier, jetty, or other structure that protrudes into the Gulf of Mexico that is located within a state park if the single tower provides an unobstructed view of both sides of the structure; and
(2)  post within 100 yards of each side of each structure described by Subdivision (1) signs clearly describing the dangerous water conditions that may occur near the structure.
(a-3)  The department may suspend or alter the duties imposed under Subsection (a-2) during dangerous weather conditions or emergency operations.
(b)  The land office shall consult with the department in adopting rules and procedures for cleaning beaches in state parks and areas adjacent to state parks.
(c)  The land office shall expand the Adopt-A-Beach program to the greatest extent feasible to enhance the performance of its duties under this subchapter.
(d)  The land office may use any cash, gifts, grants, donations, or in-kind contributions that it receives from a public or private entity through the administration of the Adopt-A-Beach program to assist a municipality, a county, or the department in performing any duty imposed on the city, county, or department by this subchapter.
(e)  The land office may adopt rules reasonably necessary to perform its duties under this subchapter.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 2, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 7.01, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 6 (H.B. 2457), Sec. 1, eff. May 5, 2009.
Acts 2021, 87th Leg., R.S., Ch. 724 (H.B. 3807), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.068. Application Requirement

Sec. 61.068.  APPLICATION REQUIREMENT.  A city or county that seeks state funds under this subchapter to clean the public beaches must submit an application to the land office.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 3, eff. Sept. 1, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.069. Contents of Application

Sec. 61.069.  CONTENTS OF APPLICATION.  To be approved, the application must provide:
(1)  for the administration or supervision of the public beaches of the city or county by a beach park board of trustees, county parks board, commissioners court, or other administrative body that the legislature may from time to time authorize, and provide that the board or agency will have adequate authority to administer an effective program of keeping clean the public beaches within its jurisdiction;
(2)  for the receipt by the city or county treasurer or other officer exercising similar functions, if there is no city or county treasurer, of all funds paid to the city or county under this subchapter and provide for the proper safeguarding of the funds by the officer, provide that the funds will be spent solely for the purposes for which they are paid, and provide for the repayment by the city or county of any funds lost or diverted from the purposes for which paid;
(3)  that the governing body of the city or county will make reports as to amounts and categories of expenditures that the land office may from time to time require;
(4)  that entrance to all public beaches under the jurisdiction of the governing body of the city or county is free of charge;  and
(5)  for the establishment, maintenance, and administration of at least one beach park by the city or county which meets the minimum requirements of size and facilities available to the public as determined by the land office.
Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.070. Parking and Use Fees

Sec. 61.070.  PARKING AND USE FEES.  Subsection (4), Section 61.069 of this code shall not be construed to prohibit the assessment of a reasonable fee for off-beach parking or for the use of facilities provided for the use and convenience of the public.
Acts 1977, 65th Leg., p. 2482, 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 C. Maintenance of the Public Beaches › Section 61.071. Compliance Before Approval

Sec. 61.071.  COMPLIANCE BEFORE APPROVAL.  The land office shall not approve any application that fails to meet the conditions specified in Section 61.069 of this code.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 5, eff. Sept. 1, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.072. State Funds

Sec. 61.072.  STATE FUNDS.  The land office shall pay to each city or county that has an application approved under Sections 61.068 through 61.070 of this code from appropriations that are made available the state share for cleaning and maintenance of public beaches.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 6, eff. Sept. 1, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.073. Conditions for Payments

Sec. 61.073.  CONDITIONS FOR PAYMENTS.  No payments shall be made under this subchapter until the land office finds that:
(1)  there will be available in the budget of the city or county not less than $20,000 to clean and maintain public beaches within its jurisdiction for the state fiscal year for which reimbursement is sought;  and
(2)  there will be available in the budget of the city or county for the purpose of cleaning and maintaining the public beaches within its jurisdiction for the state fiscal year for which reimbursement is sought an amount not less than the total amount spent by the city or county to clean the beaches in the state fiscal year ending August 31, 1969.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 7, eff. Sept. 1, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.074. Submission of Proposed Expenditures

Sec. 61.074.  SUBMISSION OF PROPOSED EXPENDITURES.  A city or county that seeks reimbursement under the provisions of this subchapter shall submit to the land office proposed expenditures for cleaning and maintaining the public beaches.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 8, eff. Sept. 1, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.075. Fair Distribution of Funds

Sec. 61.075.  FAIR DISTRIBUTION OF FUNDS.  The land office shall distribute the state share to the cities and counties in a fair and impartial manner and under procedures and accounting methods to be adopted by the land office.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 9, eff. Sept. 1, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.076. Limitation on State Share

Sec. 61.076.  LIMITATION ON STATE SHARE.  (a)  No city or county may receive as its state share an amount that is greater than two-thirds of the amount the city or county spends for the purpose of cleaning and maintaining public beaches within its jurisdiction during the state fiscal year for which reimbursement is sought.
(b)  The land office shall allocate the state share to eligible cities and counties taking into account the frequency with which public beaches within the jurisdiction of the cities and counties are used.
(c)  For purposes of determining the maximum amount of money a municipality may receive under Subsection (a), money received under Section 156.2511, Tax Code:
(1)  is not included in determining the amount the municipality spends to clean and maintain public beaches during the state fiscal year for which reimbursement is sought;  and
(2)  is included as part of the state share.
Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 10, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 454, Sec. 9, eff. Sept. 1, 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 C. Maintenance of the Public Beaches › Section 61.077. Funds for Administrative Purposes and Emergencies

Sec. 61.077.  FUNDS FOR ADMINISTRATIVE PURPOSES AND EMERGENCIES.  (a)  The land office may use for administrative purposes not more than 10 percent of the appropriated funds for any state fiscal year.
(b)  The land office may withhold a portion of the appropriated funds to maintain a reserve emergency fund to be used for cleaning beaches in the event of a catastrophe, such as an oil spill, an influx of seaweed, or other major interference with public recreational use of public beaches.
Acts 1977, 65th Leg., p. 2483, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 11, eff. Sept. 1, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.078. Authority to Spend County Funds

Sec. 61.078.  AUTHORITY TO SPEND COUNTY FUNDS.  The commissioners court of any county located or bordering on the Gulf of Mexico may spend from any available fund the amount it considers necessary to carry out the responsibilities provided in this subchapter.
Acts 1977, 65th Leg., p. 2483, 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 C. Maintenance of the Public Beaches › Section 61.079. Notice of Ineligibility

Sec. 61.079.  NOTICE OF INELIGIBILITY.  After reasonable notice and opportunity for a hearing to a city or county that is receiving funds under the provisions of this subchapter, if the land office finds that the city or county no longer complies with the requirements of this subchapter, it shall notify the city or county that further payments will not be made until the land office is satisfied that there is no longer any failure to comply.
Acts 1977, 65th Leg., p. 2483, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 12, eff. Sept. 1, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.080. Public Beaches in Ineligible City

Sec. 61.080.  PUBLIC BEACHES IN INELIGIBLE CITY.  (a)  The governing body of any incorporated city located or bordering on the Gulf of Mexico that is not entitled to receive funds under this subchapter may contract with the commissioners court of the county in which the city is located to allow the county to clean the beaches within the corporate limits of the city.
(b)  The city may apply to the land office for rebates of 40 percent of the contract price, and the city is not required to meet the terms and conditions imposed in Section 61.069 of this code unless otherwise provided by law.
(c)  The land office shall make the rebates at the close of each fiscal year on a showing by the city that entrance to all public beaches under the jurisdiction of the city is free of charge.
(d)  This section shall not be construed to prohibit the assessment of a reasonable fee for off-beach parking or the use of facilities provided for the use and convenience of the public.
Acts 1977, 65th Leg., p. 2483, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 13, eff. Sept. 1, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.081. Public Beaches in Ineligible County

Sec. 61.081.  PUBLIC BEACHES IN INELIGIBLE COUNTY.  (a)  The commissioners court of a county that is not entitled to receive funds under this subchapter may contract with the commissioners court of any adjacent county that is entitled to receive funds under this subchapter to allow the adjacent county to clean the public beaches of the ineligible county.
(b)  The contracting county that is not entitled to receive funds under this subchapter may apply to the land office for rebates of 40 percent of the contract price, but the ineligible county is not required to meet the terms and conditions imposed in Section 61.069 of this code.
(c)  The land office shall make the rebates at the close of each state fiscal year on a showing by the ineligible county that entrance to all public beaches under the jurisdiction of the county is free of charge.
(d)  This section shall not be construed to prohibit the assessment of a reasonable fee for off-beach parking or for the use of facilities provided for the use and convenience of the public.
Acts 1977, 65th Leg., p. 2483, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 14, eff. Sept. 1, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.082. Authority of Local Governments

Sec. 61.082.  AUTHORITY OF LOCAL GOVERNMENTS.  (a)  Except as provided by Section 61.067(a-1), the provisions of this subchapter shall not be construed to interfere with local initiative and responsibility in the cleaning, maintenance, and supervision of public beaches.
(b)  The administration of public beaches, the selection of personnel, and the determination of the best uses of the funds insofar as is consistent with the purposes of this subchapter are reserved to the several political subdivisions receiving funds under this subchapter.
Acts 1977, 65th Leg., p. 2484, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 6 (H.B. 2457), Sec. 2, eff. May 5, 2009.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter C. Maintenance of the Public Beaches › Section 61.083. Exemptions From Subchapter

Sec. 61.083.  EXEMPTIONS FROM SUBCHAPTER.  None of the provisions of this subchapter apply to any beach area that does not border on the Gulf of Mexico or to any island or peninsula that is not accessible by a public road or common carrier ferry facility as long as that condition exists.
Acts 1977, 65th Leg., p. 2484, 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 D. County Regulation of Public Use of Beaches › Section 61.121. Definition

Sec. 61.121.  DEFINITION.  In this subchapter, "beach" shall have the same definition as provided in Section 61.012 of this code.
Acts 1977, 65th Leg., p. 2484, 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 D. County Regulation of Public Use of Beaches › Section 61.122. County Regulatory Authority

Sec. 61.122.  COUNTY REGULATORY AUTHORITY.  (a)  The commissioners court of a county bordering on the Gulf of Mexico or its tidewater limits, by order, may regulate motor vehicle traffic on any beach within the boundaries of the county, including prohibiting motor vehicle traffic on any natural or man-made sand dune or other form of shoreline protection, and may prohibit the littering of the beach and may define the term "littering."
(b)  The commissioners court of a county bordering the Gulf of Mexico or its tidewaters, by order, may regulate the possession of animals on the beach within its boundaries, including but not limited to prohibiting animals to run at large on said beach.
(c)  The commissioners court of a county bordering the Gulf of Mexico or its tidewaters, by order, may regulate swimming in passes leading to and from the Gulf of Mexico, located within its boundaries, including but not limited to prohibiting swimming in said passes and posting signs notifying persons of such regulation or prohibition.
(d)  The commissioners court of a county bordering on the Gulf of Mexico or its tidewater limits, by order, may prohibit the use and possession of all glass containers and products on a beach in the unincorporated area of the county.  The commissioners court shall not prohibit any one or several glass products to the exclusion of any others.
(e)  Regulation under Subsection (a) of this section that prohibits vehicles from an area of public beach is subject to Section 61.022 of this code.
Acts 1977, 65th Leg., p. 2484, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 775, ch. 341, Sec. 1, eff. Aug. 27, 1979;  Acts 1991, 72nd Leg., ch. 295, Sec. 16, eff. June 7, 1991;  Acts 2001, 77th Leg., ch. 164, Sec. 2, 3, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 243, Sec. 1, eff. May 22, 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 D. County Regulation of Public Use of Beaches › Section 61.123. Notice of Hearing

Sec. 61.123.  NOTICE OF HEARING.  (a)  Before the commissioners court adopts an order under Section 61.122 of this code, it must publish notice of the intention to adopt the order in at least one newspaper with general circulation in the county.
(b)  The notice shall state the time and place of the public hearing on the proposed order and that interested persons may obtain copies of the proposed order from the commissioners court.
Acts 1977, 65th Leg., p. 2484, 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 D. County Regulation of Public Use of Beaches › Section 61.124. Copies of Order

Sec. 61.124.  COPIES OF ORDER.  The commissioners court shall make copies of the proposed order available to interested persons.
Acts 1977, 65th Leg., p. 2484, 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 D. County Regulation of Public Use of Beaches › Section 61.125. Public Hearing

Sec. 61.125.  PUBLIC HEARING.  (a)  Not less than one month but more than two weeks after notice is published, the commissioners court shall conduct a hearing at the time and place stated in the notice.
(b)  At the hearing, the commissioners shall allow all interested persons to express their views on the proposed order.
Acts 1977, 65th Leg., p. 2484, 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 D. County Regulation of Public Use of Beaches › Section 61.126. Traffic Regulations

Sec. 61.126.  TRAFFIC REGULATIONS.  If the order includes a traffic regulation, the order shall provide for signs that are designed and posted in compliance with the current provisions of the Texas Manual on Traffic Control Devices for Streets and Highways, stating the applicable speed limit, parking requirement, or that vehicles are prohibited.
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 D. County Regulation of Public Use of Beaches › Section 61.127. Criminal Penalties

Sec. 61.127.  CRIMINAL PENALTIES.  In any order adopted under this subchapter, the commissioners court may adopt the following criminal penalties for violation of the order:
(1)  for a first conviction, a fine of not less than $50;  nor more than $100;
(2)  for a second conviction, a fine of not less than $100 nor more than $200;
(3)  for any subsequent convictions after the second conviction, a fine of not less than $200 nor more than $1,000 or confinement in the county jail for not more than 60 days, or both.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 585, Sec. 3, eff. Sept. 1, 1985.
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 61.128. Order Prevails Over State Law

Sec. 61.128.  ORDER PREVAILS OVER STATE LAW.  If an order adopted under this subchapter conflicts with the general law of the state, the order shall control over the state law, and in cases of violation, prosecution may be maintained only under the order.
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 D. County Regulation of Public Use of Beaches › Section 61.129. Ordinance Prevails Over Order and State Law

Sec. 61.129.  ORDINANCE PREVAILS OVER ORDER AND STATE LAW.  (a)  Except as provided in Section 61.022 of this code, this subchapter does not limit the power of an incorporated city, town, or village bordering on the Gulf of Mexico or any adjacent body of water to regulate motor vehicle traffic and prohibit littering on any beach within its corporate limits.
(b)  If these regulatory ordinances are adopted by a city, town, or village and the ordinance conflicts with the general law of the state or with an order of the commissioners court adopted under this subchapter, and the ordinance is consistent with policies and rules under Section 61.011 of this code, the ordinance shall control over the state law and the order, and in cases of violation, prosecution may be maintained only under the ordinance.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 17, eff. June 7, 1991.
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 61.130. Rights of the Public

Sec. 61.130.  RIGHTS OF THE PUBLIC.  The right of the public to use the public beaches defined in this subchapter is inviolate and is subject only to orders adopted by a commissioners court under this subchapter and to ordinances enacted by an incorporated city, town, or village.
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 D. County Regulation of Public Use of Beaches › Section 61.131. Effect of Subchapter on Definition of Public Beach

Sec. 61.131.  EFFECT OF SUBCHAPTER ON DEFINITION OF PUBLIC BEACH.  None of the provisions of this subchapter shall reduce, limit, construct, or vitiate the definition of public beaches which has been defined from time immemorial in law and custom.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.