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Texas Natural Resources Code

§ 61.067 — DUTY OF STATE

NR § 61.067Title 2. PUBLIC DOMAIN · Part E. BEACHES AND DUNES · Ch. 61. USE AND MAINTENANCE OF PUBLIC BEACHES · Art. C. MAINTENANCE OF THE PUBLIC BEACHES

Statute text

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(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.

Legislative history

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.

Source: Texas Natural Resources Code § 61.067 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.