Texas Natural Resources Code

§ 61.0184 — NOTICE REQUIREMENTS; ORDERS AND HEARINGS

NR § 61.0184Title 2. PUBLIC DOMAIN · Part E. BEACHES AND DUNES · Ch. 61. USE AND MAINTENANCE OF PUBLIC BEACHES · Art. B. ACCESS TO PUBLIC BEACHES

Statute text

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(a)The commissioner shall make a determination that a structure is located on the public beach, assess an administrative penalty, and pursue the removal of a structure, improvement, obstruction, barrier, or hazard from a public beach in accordance with this section.

(b)Before the commissioner may notify the Texas Windstorm Insurance Association as provided by Section 2210.004, Insurance Code, regarding the status of property, the commissioner must give written notice and an opportunity for a hearing to a person who is constructing, maintains, controls, owns, or possesses the structure, improvement, obstruction, barrier, or hazard on the public beach. The notice must state that:

(1)the commissioner finds that a specific structure is located on the public beach as determined under this chapter, and:

(A)constitutes an imminent hazard to safety, health, or public welfare; or

(B)substantially interferes with the free and unrestricted right of the public to enter or leave the public beach or traverse any part of the public beach;

(2)the commissioner intends to notify the Texas Windstorm Insurance Association of a determination in accordance with Section 2210.004, Insurance Code; and

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Legislative history

Added by Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 13, eff. September 1, 2007.