Texas Natural Resources Code
§ 61.011 — POLICY AND RULES
NR § 61.011Title 2. PUBLIC DOMAIN · Part E. BEACHES AND DUNES · Ch. 61. USE AND MAINTENANCE OF PUBLIC BEACHES · Art. B. ACCESS TO PUBLIC BEACHES
Statute text
View on source(a)It is declared and affirmed to be the public policy of this state that the public, individually and collectively, shall have the free and unrestricted right of ingress and egress to and from the state-owned beaches bordering on the seaward shore of the Gulf of Mexico, or if the public has acquired a right of use or easement to or over an area by prescription, dedication, or has retained a right by virtue of continuous right in the public, the public shall have the free and unrestricted right of ingress and egress to the larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico.
(b)The legislature recognizes that, in order to provide and maintain public facilities and public services to enhance access to and safe and healthy use of the public beaches by the public, adequate funds are required to provide public facilities and public services. Any local government responsible for the regulation, maintenance, and use of such beaches may charge reasonable fees pursuant to its authority to cover the cost of discharging its responsibilities with respect to such beaches, provided such fees do not exceed the cost of such public facilities and services, and do not unfairly limit public access to and use of such beaches.
(c)The commissioner shall strictly and vigorously enforce the prohibition against encroachments on and interferences with the public beach easement.
(d)The commissioner shall promulgate rules, consistent with the policies established in this section, on the following matters only:
(1)acquisition by local governments or other appropriate entities or public dedication of access ways sufficient to provide adequate public ingress and egress to and from the beach within the area described in Subdivision (6);
(2)protection of the public easement from erosion or reduction caused by development or other activities on adjacent land and beach cleanup and maintenance;
…
Legislative history
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 10, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 40 (H.B. 1213), Sec. 1, eff. May 19, 2009. Acts 2013, 83rd Leg., R.S., Ch. 152 (H.B. 2623), Sec. 2, eff. May 24, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1086 (H.B. 3459), Sec. 2, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 13.001, eff. September 1, 2015. Acts 2019, 86th Leg., R.S., Ch. 1233 (H.B. 1548), Sec. 5, eff. June 14, 2019.