reglab/statecodes huggingface dataset:
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 62.093. Park Authority

Sec. 62.093.  PARK AUTHORITY.  The board may manage, operate, maintain, equip, improve, and finance:
(1)  an existing public park placed under its jurisdiction by the commissioners court;  or
(2)  additional parks acquired by gift or otherwise but not acquired by the exercise of the power of eminent domain.
Acts 1977, 65th Leg., p. 2496, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 13.003(a), eff. Sept. 1, 2003.
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 62.094. Fee Charged

Sec. 62.094.  FEE CHARGED.  The board may charge and collect a reasonable fee for access or entrance to or parking on the land under its jurisdiction, other than public beaches owned by the county, or use of a facility located on land under its jurisdiction.
Acts 1977, 65th Leg., p. 2496, 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 62.095. Use of Funds

Sec. 62.095.  USE OF FUNDS.  (a)  The board may accept, receive, and spend gifts of money or other things of value from any person for the purpose of performing any function, power, or authority vested in the board and funds from the county that are appropriated by the county from time to time for the purpose of improving, equipping, maintaining, operating, and promoting recreational facilities under the board's supervision and control.
(b)  The board may spend money appropriated by the commissioners court for the purpose of cleaning and maintaining public beaches and land within its jurisdiction, including money appropriated to the commissioners court by the state for that purpose.
Acts 1977, 65th Leg., p. 2496, 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 62.096. Contracts, Leases, and Other Agreements Relating to Land and Facilities

Sec. 62.096.  CONTRACTS, LEASES, AND OTHER AGREEMENTS RELATING TO LAND AND FACILITIES.  The board may enter into a contract, lease, or other agreement connected with, incident to, or affecting the financing, construction, equipping, maintenance, or operation of facilities located or to be located on or pertaining to land under its jurisdiction or facilities under its control and may execute and perform its lawful powers and functions on land leased from others.
Acts 1977, 65th Leg., p. 2496, 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 62.097. Contracts, Leases, and Other Agreements Relating to Management, Operation, and Maintenance of Land and Facilities

Sec. 62.097.  CONTRACTS, LEASES, AND OTHER AGREEMENTS RELATING TO MANAGEMENT, OPERATION, AND MAINTENANCE OF LAND AND FACILITIES.  The board may enter into any contract, lease, or agreement with any person for a period of not more than 40 years relating to the management, operation, and maintenance of a concession, facility, improvement, leasehold, land, or other property over which the board has jurisdiction and control.
Acts 1977, 65th Leg., p. 2496, 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 62.098. Contracts With Other Governmental Agencies

Sec. 62.098.  CONTRACTS WITH OTHER GOVERNMENTAL AGENCIES.  To accomplish any purpose authorized in this chapter, the board may enter into contracts with:
(1)  adjacent counties;
(2)  boards in adjacent counties;  and
(3)  boards in cities of the same county in which the board has jurisdiction.
Acts 1977, 65th Leg., p. 2496, 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 62.099. Advertising

Sec. 62.099.  ADVERTISING.  The board may publish brochures and otherwise advertise the county's recreational advantages for the purpose of attracting tourists, residents, and other users of the public facilities operated by the board.
Acts 1977, 65th Leg., p. 2497, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 13.003(a), eff. Sept. 1, 2003.
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 62.100. Rules

Sec. 62.100.  RULES.  The board may adopt and enforce reasonable rules for the use of parks and facilities under the jurisdiction and control of the board by the public or by lessees, concessionaires, and other persons carrying on a business activity inside the area of the public parks and facilities.
Acts 1977, 65th Leg., p. 2497, 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 62.101. Legislative Intent

Sec. 62.101.  LEGISLATIVE INTENT.  It is the intent of the legislature in enacting the provisions of this chapter that the rights established or recognized in Subchapters B and D of Chapter 61  of this code are paramount over any rights or interests that might otherwise be considered created by this chapter, and none of the provisions of this chapter may trench on those rights or encroach on land or interests in land that may ultimately be held subject to those rights.
Acts 1977, 65th Leg., p. 2497, 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 E. Issuance of Bonds › Section 62.131. Authority to Issue Revenue Bonds

Sec. 62.131.  AUTHORITY TO ISSUE REVENUE BONDS.  For the purpose of acquiring, developing, improving, and enlarging public recreational areas and facilities, the board may issue revenue bonds payable solely from:
(1)  the revenue of all or any designated part of the properties or facilities under the jurisdiction and control of the board;  or
(2)  any other source of funds the board may wish to dedicate for that purpose.
Acts 1977, 65th Leg., p. 2497, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 13.003(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter E. Issuance of Bonds › Section 62.132. Formal Requirements of Bonds

Sec. 62.132.  FORMAL REQUIREMENTS OF BONDS.  (a)  The bonds may be issued by resolution adopted by the board without the necessity of an election.
(b)  The bonds may be issued in the name of the board in one or more installments or series and shall mature serially or otherwise within 40 years from their date or dates.
(c)  The bonds shall be issued on the terms and conditions, with regard to the security, manner, place, and time of payment, pledge of designated revenue, redemption before maturity, and the issuance of additional parity or junior lien bonds, that the board specifies in the resolution or resolutions authorizing the bonds.
(d)  The bonds shall be executed by the chairman and secretary of the board and shall be signed by the chairman and secretary or shall bear the facsimile signature of either or both.
(e)  The bonds shall display the seal of the board, which may be impressed, printed, or lithographed on the bonds.
Acts 1977, 65th Leg., p. 2497, 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 E. Issuance of Bonds › Section 62.133. Sale of Bonds

Sec. 62.133.  SALE OF BONDS.  The board shall sell the bonds on the best terms obtainable.
Acts 1977, 65th Leg., p. 2497, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 13.003(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter E. Issuance of Bonds › Section 62.134. Approval and Registration

Sec. 62.134.  APPROVAL AND REGISTRATION.  The bonds shall not be delivered until a transcript of the proceedings authorizing their issuance has been submitted to the attorney general and approved as to legality by the attorney general and the bonds are registered by the comptroller of public accounts.
Acts 1977, 65th Leg., p. 2497, 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 E. Issuance of Bonds › Section 62.135. Authorized Investments

Sec. 62.135.  AUTHORIZED INVESTMENTS.  The bonds issued under the provisions of this subchapter are legal and authorized investments for banks, saving banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, guardians, and for the sinking funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the state.
Acts 1977, 65th Leg., p. 2498, 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 E. Issuance of Bonds › Section 62.136. Security for Deposits

Sec. 62.136.  SECURITY FOR DEPOSITS.  The bonds are eligible to secure the deposit of public funds of the state and public funds of cities, towns, villages, or other political corporations or subdivisions of the state and are lawful and sufficient security for deposits to the extent of their face value when accompanied by all unmatured interest coupons appurtenant to them.
Acts 1977, 65th Leg., p. 2498, 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 E. Issuance of Bonds › Section 62.137. Tax Bonds

Sec. 62.137.  TAX BONDS.  (a)  The board shall not issue bonds payable in whole or in part from ad valorem taxes.
(b)  The board may receive and spend the proceeds of bonds payable from taxes which are issued by the governing body of the county for park purposes after the bonds are authorized at an election held in the manner required by law.
Acts 1977, 65th Leg., p. 2498, 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 E. Issuance of Bonds › Section 62.138. Refunding Bonds

Sec. 62.138.  REFUNDING BONDS.  (a)  The board may issue refunding bonds for the purpose of refunding one or more series or installments of outstanding original or refunding bonds of the board.
(b)  The refunding bonds shall be issued, approved as to legality by the attorney general, and registered by the comptroller of public accounts in the manner and on the terms and conditions provided in this subchapter for the issuance of original revenue bonds.
Acts 1977, 65th Leg., p. 2498, 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 F. Dissolution of Board › Section 62.161. Order Calling Election to Dissolve; Notice of Election

Sec. 62.161.  ORDER CALLING ELECTION TO DISSOLVE;  NOTICE OF ELECTION.  (a)  The commissioners court may order an election to dissolve a board.
(b)  The commissioners court shall give notice of the election.  The notice must include:
(1)  the name of the board;
(2)  the proposal that the board be dissolved;  and
(3)  the place, date, and time of the election.
(c)  The notice shall be published in a newspaper of general circulation in the county once a week for two consecutive weeks.  The first publication must occur not later than the 21st day before the date on which the election will be held.
Added by Acts 1997, 75th Leg., ch. 1135, Sec. 1, eff. June 19, 1997.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter F. Dissolution of Board › Section 62.162. Election to Dissolve

Sec. 62.162.  ELECTION TO DISSOLVE.  (a)  An election to dissolve a board shall be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with the requirements of law and that occurs after the date on which the commissioners court orders the election.
(b)  The ballot shall be printed to provide for voting for or against the following:  "Dissolving the [name of county] Beach Park Board of Trustees and transferring its parks jurisdiction, assets and liabilities to the [name of county] Commissioners Court."
(c)  A copy of the tabulation of results shall be filed with the county clerk of the county in which the board is located.
(d)  If a majority of those voting at the election vote to dissolve the board, the board and the commissioners court shall proceed with dissolution.  An election to create a new board under this chapter in that county may not be held for at least one year after dissolution.
(e)  If a majority of those voting at the election vote against dissolving the board, the commissioners court may not order another election on the issue before the first anniversary of the date of the canvass of the election.
Added by Acts 1997, 75th Leg., ch. 1135, Sec. 1, eff. June 19, 1997.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 62 - Beach Park Board of Trustees › Subchapter F. Dissolution of Board › Section 62.163. Administration of Property, Debts, and Assets After Dissolution

Sec. 62.163.  ADMINISTRATION OF PROPERTY, DEBTS, AND ASSETS AFTER DISSOLUTION.  (a)  After a vote to dissolve a board, the board shall continue to control and administer the property, debts, and assets of the board until:
(1)  the board executes and files a written assignment of all its property, debts, and assets to the commissioners court;  and
(2)  the commissioners court executes and files in its minutes an acceptance and assumption of the property, debts, and assets of the board.
(b)  The assignment prescribed by Subsection (a) must be filed with the commissioners court not later than the 30th day after the date of the canvass of the election.
(c)  After the commissioners court determines that the requirements of this section have been fulfilled, the commissioners court shall enter an order dissolving the board.
(d)  Each trustee is discharged from liability under the trustee's bond on entry of the order prescribed by Subsection (c).
(e)  An employee or contract of the board becomes an employee or contract of the county, acting by and through its commissioners court, on entry of the order prescribed by Subsection (c).
Added by Acts 1997, 75th Leg., ch. 1135, Sec. 1, eff. June 19, 1997.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter A. General Provisions › Section 63.001. Findings of Fact

Sec. 63.001.  FINDINGS OF FACT.  The legislature finds and declares:
(1)  that the mainland gulf shoreline, barrier islands, and peninsulas of this state contain a significant portion of the state's human, natural, and recreational resources;
(2)  that these areas are and historically have been wholly or in part protected from the action of the water of the Gulf of Mexico and storms on the Gulf by a system of vegetated and unvegetated sand dunes that provide a protective barrier for adjacent land and inland water and land against the action of sand, wind, and water;
(3)  that certain persons have from time to time modified or destroyed the effectiveness of the protective barriers and caused environmental damage in the process of developing the shoreline for various purposes;
(4)  that the operation of recreational vehicles and other activities over these dunes have destroyed the natural vegetation on them;
(5)  that these practices constitute serious threats to the safety of adjacent properties, to public highways, to the taxable basis of adjacent property and constitute a real danger to natural resources and to the health, safety, and welfare of persons living, visiting, or sojourning in the area;
(6)  that it is necessary to protect these dunes as provided in this chapter because stabilized, vegetated dunes offer the best natural defense against storms and are areas of significant biological diversity;
(7)  that vegetated stabilized dunes help preserve state-owned beaches and shores by protecting against erosion of the shoreline;  and
(8)  that different areas of the coast are characterized by dunes of various types and values, all of which should be afforded protection.
Acts 1977, 65th Leg., p. 2499, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 814, Sec. 1, eff. Aug. 26, 1985;  Acts 1991, 72nd Leg., ch. 295, Sec. 18, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter A. General Provisions › Section 63.002. Definitions

Sec. 63.002.  DEFINITIONS.  In this chapter:
(1)  "Commissioner" means the Commissioner of the General Land Office.
(2)  "Barrier island" means an island bordering on the Gulf of Mexico and entirely surrounded by water.
(3)  "Peninsula" means an arm of land bordering on the Gulf of Mexico surrounded on three sides by water.
(4)  "Recreational vehicle" means a dune buggy, marsh buggy, minibike, trail bike, jeep, off-highway vehicle, as defined by Section 551A.001, Transportation Code, or any other mechanized vehicle that is being used for recreational purposes, but does not include a vehicle that is not being used for recreational purposes.
(5)  "Mainland shoreline" means all shoreline fronting on the open Gulf of Mexico that is not located on a barrier island or a peninsula.
(6)  "Restoration" means the repair or replacement of dunes or dune vegetation.
Acts 1977, 65th Leg., p. 2500, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 814, Sec. 2, eff. Aug. 26, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 15, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 895 (H.B. 1044), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1233 (H.B. 1548), Sec. 6, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1233 (H.B. 1548), Sec. 41(1), eff. June 14, 2019.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter A. General Provisions › Section 63.003. Effect of Chapter

Sec. 63.003.  EFFECT OF CHAPTER.  The provisions of this chapter do not apply to any dune area not accessible by public road or common carrier ferry facility for as long as that condition exists.
Acts 1977, 65th Leg., p. 2500, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 814, Sec. 3, eff. Aug. 26, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter B. Dune Protection Line › Section 63.011. Establishing Dune Protection Line

Sec. 63.011.  ESTABLISHING DUNE PROTECTION LINE.  (a)  After notice and hearing, the commissioners court of each county that has within its boundaries mainland shoreline, a barrier island, or a peninsula located on the seaward shore of the Gulf of Mexico shall establish a dune protection line on any such shoreline, island, or peninsula within its boundaries for the purpose of preserving sand dunes.
(b)  A county may allow a municipality within the county to administer this chapter within its corporate limits and extraterritorial jurisdiction.  On delegation by a county, a municipality may adopt and apply any appropriate ordinances within its extraterritorial jurisdiction to effect the purposes of this chapter.
(c)  Municipalities and counties may enter into interlocal cooperation contracts for the administration of dune permit programs under The Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes).
(d)  The land office may assist and advise counties and municipalities in establishing or altering dune protection lines.
Acts 1977, 65th Leg., p. 2500, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 814, Sec. 3, eff. Aug. 26, 1985;  Acts 1991, 72nd Leg., ch. 295, Sec. 19, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter B. Dune Protection Line › Section 63.012. Location of Dune Protection Line

Sec. 63.012.  LOCATION OF DUNE PROTECTION LINE.  The dune protection line shall not be located further landward than a line drawn parallel to and 1,000 feet landward of the line of mean high tide of the Gulf of Mexico.
Acts 1977, 65th Leg., p. 2500, 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 63 - Dunes › Subchapter B. Dune Protection Line › Section 63.013. Notice

Sec. 63.013.  NOTICE.  (a)  Notice of a hearing to consider establishing the dune protection line shall be published at least three times in the newspaper with the largest circulation in the county.  The notice shall be published not less than one week nor more than three weeks before the date of the hearing.
(b)  Notice shall be given to the commissioner not less than one week nor more than three weeks before the hearing.
Acts 1977, 65th Leg., p. 2501, 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 63 - Dunes › Subchapter B. Dune Protection Line › Section 63.014. Map and Description of Dune Protection Line

Sec. 63.014.  MAP AND DESCRIPTION OF DUNE PROTECTION LINE.  (a)  The commissioners court or governing body of each municipality in establishing a dune protection line shall define the line by presenting it on a map or drawing, by making a written description, or by both.  Each shall be designated appropriately and filed with the clerk of the county or municipality establishing the line and with the commissioner.
(b)  Notice of alterations in the dune protection line shall be filed with the clerk and with the commissioner, and the appropriate changes shall be made on the map, drawing, or description.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 20, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter B. Dune Protection Line › Section 63.015. Dune Protection Line Prohibited

Sec. 63.015.  DUNE PROTECTION LINE PROHIBITED.  No dune protection line may be established within a state or national park area, wildlife refuge, or other designated state or national natural area;  provided, however, any state-owned or other public land not specifically exempted by this section shall be subject to the same requirements as private lands except as provided in Sections 31.161 through 31.167 of this code.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 21, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter C. Permits › Section 63.051. Permit Requirement

Sec. 63.051.  PERMIT REQUIREMENT.  An owner of land or a person holding an interest in land under the owner who desires to perform or allow any of the acts prohibited in Section 63.091 of this code must apply for a permit from the appropriate commissioners court or municipal governing body.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 22, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter C. Permits › Section 63.052. Permit Not Required

Sec. 63.052.  PERMIT NOT REQUIRED.  No permit is required for the following activities:
(1)  grazing livestock;
(2)  production of oil and gas;  and
(3)  recreational activity other than the operation of a recreational vehicle.
Acts 1977, 65th Leg., p. 2501, 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 63 - Dunes › Subchapter C. Permits › Section 63.053. Fees

Sec. 63.053.  FEES.  (a)  The commissioners court or governing body of the municipality may require a reasonable fee to accompany the application.
(b)  Any commissioners court or governing body of a municipality that has adopted a dune protection line and is administering this chapter and that has a certified beach access plan as provided for in Section 61.015 of this code is hereby authorized, subject to all requirements of Chapter 61 of this code, to charge reasonable fees that do not exceed the cost for the provision and maintenance of public beach related facilities and services necessary to implement such plans, including but not limited to parking, public health and safety, environmental protection and matters contained in the certified beach access plans, and that do not unfairly limit access to and use of such beaches.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 23, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter C. Permits › Section 63.054. Review

Sec. 63.054.  REVIEW.  (a)  The commissioners court or governing body of the municipality shall evaluate the permit application, and if the commissioners court or governing body of the municipality finds as a fact after full investigation that the particular conduct proposed will not materially weaken the dune or materially damage vegetation on the dune or reduce its effectiveness as a means of protection from the effects of high wind and water, it may grant the permit.
(b)  In determining whether or not to grant the permit, the commissioners court or governing body of the municipality shall consider the height, width, and slope of the dune, any significant environmental features of the dune, the feasibility and desirability of restoration of vegetation, and cumulative impacts and shall consider requirements for protection of critical dune areas.
(c)  Each county or municipality administering this chapter shall establish procedures and requirements governing the review and approval of dune permits, and these procedures and requirements shall be submitted to the commissioner for certification to determine whether the procedures and requirements are in compliance with rules and policies adopted under Section 63.121.  The commissioner shall act on a county or municipality's proposed dune protection plan not later than the 90th day after the date the plan is submitted by approving the plan or denying certification.  If certification is denied, the commissioner shall return the proposed plan to the originating local government with a statement of specific objections and the reasons for denial, along with suggested modifications.  On receipt, the county or municipality shall revise and resubmit the plan.  The commissioner must certify a county or municipality's procedures and requirements under this section in accordance with rules adopted under Section 63.121.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 24, eff. June 7, 1991;  Acts 2003, 78th Leg., ch. 245, Sec. 7, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 16, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter C. Permits › Section 63.055. Terms and Conditions of Permit

Sec. 63.055.  TERMS AND CONDITIONS OF PERMIT.  The commissioners court or governing body of the municipality may include in a permit the terms and conditions it finds necessary to assure the protection of life, natural resources, and property.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 25, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter C. Permits › Section 63.056. Notice to and Comments of Commissioner on Permits

Sec. 63.056.  NOTICE TO AND COMMENTS OF COMMISSIONER ON PERMITS.  (a)  After receiving an application for a permit to perform any of the acts prohibited in Section 63.091 in connection with small-scale construction activity that includes 5,000 square feet or less or habitable structures two stories in height or less, the commissioners court or the governing body of the municipality shall notify the commissioner by sending, not less than 10 working days before the date of the public hearing on the application, notice of the hearing and a copy of the application.  After receiving an application for a permit to perform any of the acts prohibited in Section 63.091 in connection with large-scale construction activity that includes more than 5,000 square feet or habitable structures more than two stories in height, the commissioners court or the governing body of the municipality shall notify the commissioner by sending, not less than 30 working days before the date of the public hearing on the application, notice of the hearing and a copy of the application.
(b)  The commissioner may submit any written or oral comments regarding the effect of the proposed activity on the dunes that protect state-owned land, shores, and submerged land.
Acts 1977, 65th Leg., p. 2502, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 26, eff. June 7, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 17, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter C. Permits › Section 63.057. Permit for Certain Activity Prohibited

Sec. 63.057.  PERMIT FOR CERTAIN ACTIVITY PROHIBITED.  (a)  No permit may be issued that allows the operation of a recreational vehicle on a sand dune seaward of the dune protection line.
(b)  No permit may be issued that allows any activity in a critical dune area inconsistent with rules promulgated by the commissioner for protection of critical dune areas.
Acts 1977, 65th Leg., p. 2502, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 27, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter D. Prohibitions › Section 63.091. Conduct Prohibited

Sec. 63.091.  CONDUCT PROHIBITED.  Unless a permit is properly issued authorizing the conduct, no person may damage, destroy, or remove a sand dune or portion of a sand dune seaward of a dune protection line or within a critical dune area or kill, destroy, or remove in any manner any vegetation growing on a sand dune seaward of a dune protection line or within a critical dune area.
Acts 1977, 65th Leg., p. 2502, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 814, Sec. 3, eff. Aug. 26, 1985;  Acts 1991, 72nd Leg., ch. 295, Sec. 28, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter D. Prohibitions › Section 63.093. Prohibited Operation of Recreational Vehicles

Sec. 63.093.  PROHIBITED OPERATION OF RECREATIONAL VEHICLES.  No person may operate a recreational vehicle on a sand dune seaward of the dune protection line in any county in which a dune protection line has been established.
Acts 1977, 65th Leg., p. 2502, 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 63 - Dunes › Subchapter E. Critical Dune Areas › Section 63.121. Identification of Critical Dune Areas; Rules

Sec. 63.121.  IDENTIFICATION OF CRITICAL DUNE AREAS; RULES.  (a)  The commissioner, in his role as trustee of the public land of this state, shall identify the critical dune areas within 1,000 feet of mean high tide that are essential to the protection of state-owned land, public beaches, and submerged land.
(b)  The commissioner shall promulgate rules for:
(1)  the identification and protection of critical dune areas; and
(2)  the certification of procedures and requirements governing the review and approval of dune permits by a county or municipality.
Acts 1977, 65th Leg., p. 2503, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 30, eff. June 7, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 18, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter E. Critical Dune Areas › Section 63.122. Notice to Counties

Sec. 63.122.  NOTICE TO COUNTIES.  After the commissioner has identified the critical dune areas, notice of the critical dune areas and the rules for their protection shall be given to the commissioners court of each county and the governing body of each municipality in which one or more of these areas is located.
Acts 1977, 65th Leg., p. 2503, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 30, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter F. Appeals › Section 63.151. Appeal by Littoral Owner

Sec. 63.151.  APPEAL BY LITTORAL OWNER.  A littoral owner aggrieved by a decision of the commissioners court or governing body of the municipality under this chapter may appeal to a district court in that county.
Acts 1977, 65th Leg., p. 2503, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 31, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter F. Appeals › Section 63.152. Appeal by Commissioner

Sec. 63.152.  APPEAL BY COMMISSIONER.  The commissioner may appeal to a district court of that county any decision of the commissioners court or governing body of the municipality that the commissioner determines to be a violation of this chapter.
Acts 1977, 65th Leg., p. 2503, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 31, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter G. Penalties › Section 63.181. Enforcement

Sec. 63.181.  ENFORCEMENT.  (a)  Any county attorney, district attorney, or criminal district attorney, or the attorney general at the request of the commissioner, shall file in a district court of Travis County or in the county in which the violation occurred a suit to obtain either a temporary or permanent court order or injunction to prohibit and remedy any violation of this chapter or any rule, permit, or order under this chapter and to collect damages to natural resources injured by the violation and to recover civil penalties.
(b)  A person who violates this chapter or any rule, permit, or order under this chapter is liable for a civil penalty of not less than $50 nor more than $2,000. Each day that a violation occurs or continues constitutes a separate offense.  A violation of Section 63.091 is considered to be a continuing violation from the date of the initial unauthorized conduct until the earlier of:
(1)  the date on which a proper permit is issued authorizing the conduct; or
(2)  the date on which restoration of dunes or dune vegetation damaged by the violation is completed.
Acts 1977, 65th Leg., p. 2503, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 32, eff. June 7, 1991;  Acts 2003, 78th Leg., ch. 245, Sec. 8, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 19, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter G. Penalties › Section 63.1811. Administrative Penalty

Sec. 63.1811.  ADMINISTRATIVE PENALTY.  The commissioner may assess an administrative penalty for a violation of Section 63.091 or any rule, permit, or order issued under this chapter in the amount established by Section 63.181(b) 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. 20, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter G. Penalties › Section 63.1812. Enforcement Provisions Cumulative

Sec. 63.1812.  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. 20, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 63 - Dunes › Subchapter G. Penalties › Section 63.1813. Mitigation for Damage, Destruction, or Removal of Dune or Dune Vegetation Without Permit

Sec. 63.1813.  MITIGATION FOR DAMAGE, DESTRUCTION, OR REMOVAL OF DUNE OR DUNE VEGETATION WITHOUT PERMIT.  (a)  The commissioner may order restoration for the damage, destruction, or removal of a sand dune or a portion of a sand dune or the killing, destruction, or removal of any vegetation growing on a sand dune seaward of the dune protection line or within a critical dune area in violation of this chapter or any rule, permit, or order issued under this chapter.
(b)  The decision to require restoration under this section is discretionary with the commissioner.  This section does not impose a duty on the state to order restoration.
(c)  The commissioner may contract for the restoration required under this section and may pay the costs of restoration from money appropriated by the legislature.
Added by Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 20, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter A. Leases by Political Subdivisions › Section 71.001. Definition

Sec. 71.001.  DEFINITION.  In this subchapter, "political subdivision" means any body corporate with a recognized and defined area.
Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter A. Leases by Political Subdivisions › Section 71.002. Authority to Lease

Sec. 71.002.  AUTHORITY TO LEASE.  A political subdivision may lease land owned by it for mineral development, including development of coal and lignite.
Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter A. Leases by Political Subdivisions › Section 71.003. Governing Body to Exercise Authority

Sec. 71.003.  GOVERNING BODY TO EXERCISE AUTHORITY.  The governing body of the political subdivision which is vested by law with management, control, and supervision of the political subdivision shall exercise the right to lease the land.
Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter A. Leases by Political Subdivisions › Section 71.004. Notice and Hearing

Sec. 71.004.  NOTICE AND HEARING.  Before a lease is made under this subchapter, notice must be given and a public hearing must be held for consideration of bids.
Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter A. Leases by Political Subdivisions › Section 71.005. Notice of Intention to Lease Land

Sec. 71.005.  NOTICE OF INTENTION TO LEASE LAND.  (a)  After the governing body determines that it is advisable to lease land belonging to the political subdivision, it shall give notice of the intention to lease the land.
(b)  The notice shall describe the land to be leased and designate the time and place at which the governing body will receive and consider bids for the lease.
(c)  The notice shall be published once a week for three consecutive weeks in a newspaper published in the county and with general circulation in the county.
Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter A. Leases by Political Subdivisions › Section 71.006. Receiving Bids and Awarding Lease

Sec. 71.006.  RECEIVING BIDS AND AWARDING LEASE.  On the date specified in the notice, the governing body of the political subdivision shall receive and consider bids submitted for leasing all or part of the land that was advertised for lease, and the governing body may award the lease to the highest and best bidder who submits a bid.
Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter A. Leases by Political Subdivisions › Section 71.007. Rejection of Bids and Additional Bids

Sec. 71.007.  REJECTION OF BIDS AND ADDITIONAL BIDS.  If the governing body believes that the bids submitted to it do not represent the fair value of the leases, the governing body may reject the bids, give notice, and call for additional bids.
Acts 1977, 65th Leg., p. 2505, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter A. Leases by Political Subdivisions › Section 71.008. Grant of Lease

Sec. 71.008.  GRANT OF LEASE.  A lease made under this subchapter, including leases for coal and lignite, may be granted by public auction.
Acts 1977, 65th Leg., p. 2505, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter A. Leases by Political Subdivisions › Section 71.009. Royalty

Sec. 71.009.  ROYALTY.  (a)  In each lease other than a lease for coal and lignite executed under this subchapter, the lessor shall retain at least a one-eighth royalty.
(b)  In a lease for coal and lignite executed under this subchapter, the lessor shall retain at least a royalty based on one of the following or a combination of the following:
(1)  a sum certain per ton;
(2)  a percentage certain of the gross sale price F.O.B. at the mine site of the coal and lignite;  or
(3)  a sum certain for each acre-foot of coal and lignite mined and removed from the premises.
(c)  Royalties under a coal and lignite lease may be paid as advanced mineral royalties.
Acts 1977, 65th Leg., p. 2505, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter A. Leases by Political Subdivisions › Section 71.010. Lease Term

Sec. 71.010.  LEASE TERM.  (a)  No primary term of a lease other than a lease for coal and lignite made under this subchapter may be for a period of more than 10 years from the date of the execution and approval of the lease.
(b)  No primary term for a coal and lignite lease made under this subchapter may be for a period of more than 35 years from the date of execution.
Acts 1977, 65th Leg., p. 2505, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter B. Pooling Mineral Leases › Section 71.051. Definitions

Sec. 71.051.  DEFINITIONS.  In this subchapter:
(1)  "City or town" means a city or town organized or chartered under the general laws of the state or under a special act or charter.
(2)  "Political subdivision" means a body corporate which has a recognized and defined area.
Acts 1977, 65th Leg., p. 2505, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter B. Pooling Mineral Leases › Section 71.052. Inserting Pooling Provisions in Leases

Sec. 71.052.  INSERTING POOLING PROVISIONS IN LEASES.  A city, town, or political subdivision may insert in an oil and gas lease or in an oil, gas, and mineral lease executed by it a provision authorizing the lessee to pool the lease, the land or minerals included in the lease, or any part of these with any other land, leases, mineral estates, or parts of any of these to form a drilling or spacing unit for the exploration, development, and production of oil or gas and authorizing the lessee to form the units and accomplish the pooling by written designations filed in the county in which the land is located.
Acts 1977, 65th Leg., p. 2505, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.