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Texas Natural Resources Code - Chapter 61 Use And Maintenance Of Public BeachesLegal Research Home > Texas Lawyer > Natural Resources Code > Texas Natural Resources Code - Chapter 61 Use And Maintenance Of Public Beaches In this chapter: (1) "Commissioner" means the Commissioner of the General Land Office. (2) "Construction" means causing or carrying out any building, bulkheading, filling, clearing, ... (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 ... In this subchapter, "beach" means state-owned beaches to which the public has the right of ingress and egress bordering on the seaward shore of the ... (a) It is an offense against the public policy of this state for any person to create, erect, or construct any obstruction, barrier, or restraint ... (a) As used in this section, "public beach" means the area extending from the line of mean low tide of the Gulf of Mexico to ... (a) Each local government with ordinance authority over construction adjacent to public beaches and each county that contains any area of public beach within its ... (a) To determine the "line of vegetation" in any area of public beach in which there is no clearly marked line of vegetation (for instance, ... (a) The "line of vegetation" is not affected by the occasional sprigs of salt grass on mounds and dunes or seaward from them and by ... (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 ... (a) The commissioner by order may suspend for a period of two years from the date the order is issued the submission of a request ... (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 ... In a suit brought or defended under this subchapter or whose determination is affected by this subchapter, a showing that the area in question is ... (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 ... 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 ... (a) The provisions of this subchapter do not prevent any of the following governmental entities from erecting or maintaining any groin, seawall, barrier, pass, channel, ... 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 ... 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 ... (a) A person who sells or conveys an interest, other than a mineral, leasehold, or security interest, in real property located seaward of the Gulf ... (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 ... 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 ... 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 ... 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 ... 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 ... (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 ... 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 ... (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 ... 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 ... 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 ... 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 ... 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., ... 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 ... 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 ... 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 land office shall distribute the state share to the cities and counties in a fair and impartial manner and under procedures and accounting methods ... (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 ... (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 ... 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 ... 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 ... (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 ... (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 ... (a) The provisions of this subchapter shall not be construed to interfere with local initiative and responsibility in the cleaning, maintenance, and supervision of public ... 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 ... 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, ... (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 ... (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 ... The commissioners court shall make copies of the proposed order available to interested persons. Acts 1977, 65th Leg., p. 2484, ch. 871, art. I, § ... (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 ... 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 ... 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 ... 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 ... (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 ... 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 ... 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 ... It is the public policy of this state that the state-owned beaches bordering on the seaward shore of the Gulf of Mexico, and any larger ... (a) The legislature finds that the operation and maintenance of business establishments at fixed or permanent locations on the public beaches of this state bordering ... In this subchapter, "business establishment" means any structure or vehicle where any commodity including memberships in any private club or other similar organization is offered ... A person who desires to operate a mobile business establishment on a public beach located outside the municipal limits of an incorporated city shall submit ... The application shall include: (1) the name and street address of the applicant; (2) the commodity to be sold or leased; and (3) the limits ... (a) The application shall be accompanied by a filing fee in an amount determined by the county. (b) The filing fee may be used by ... Any applicant who plans to operate more than one mobile business establishment must file a separate application accompanied by a separate filing fee for each ... (a) On finding that the issuance of a license is consistent with recreational needs and the public welfare, and that the mobile business establishment would ... The county shall not grant an application: (1) for a business establishment located at a fixed or permanent location on a public beach; or (2) ... (a) Each license granted under this subchapter authorizing the sale of commodities on a public beach shall include a prohibition against the sale of any ... No license issued under this subchapter may be assigned. Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, § 1, eff. Sept. 1, 1977. ... (a) The failure or refusal of the licensee to comply with the terms and conditions of a license shall operate as an immediate termination and ... (a) If territorial limitations are applied uniformly to all applicants seeking to operate mobile business establishments in the territory, the county may establish maximum territorial ... In addition to other standards provided in this subchapter, it is the intention of the legislature that the county exercise the authority delegated to it ... The county may establish additional rules, procedures, and conditions necessary or appropriate to carry out the purposes of this subchapter. Acts 1977, 65th Leg., p. ... This subchapter does not apply to a public beach that is within the boundaries of a state park designated by the department or to a ... A person, who for himself or on behalf of or under the direction of another person, operates any business establishment, whether mobile or at a ... At the request of a county, department game wardens will assist with enforcement of the provisions of this Act, or permits issued hereunder, along with ... The legislature finds that the unregulated excavation, taking, removal, and carrying away of sand, marl, gravel, and shell from islands and peninsulas bordering on the ... (a) The provisions of this subchapter do not apply: (1) to excavating, taking, removing, or carrying away sand, marl, gravel, or shell made for the ... Before a person excavates, takes, removes, or carries away sand, marl, gravel, or shell from land located on an exposed island or peninsula bordering on ... The application shall include: (1) the name of the applicant; (2) the location and dimensions of the proposed excavation; (3) the property interest or contractual ... No permit may be issued by the commissioners court under this subchapter to excavate, take, remove, or carry away sand, marl, gravel, or shell from ... (a) The commissioners court shall give public notice of all applications received for permits to excavate, take, remove, or carry away sand, marl, gravel, or ... (a) The commissioners court shall hold a public hearing if the hearing is requested by any citizen within 10 days after notice is published under ... Notice of the public hearing shall be published at least once a week for at least two weeks in a newspaper of general circulation in ... (a) On a finding that the proposed excavating, taking, removing, or carrying away would not create hazardous conditions or imperil lives or property by exposing ... If the commissioners court refuses to issue the permit, the applicant may recover his filing fee from the county treasurer or other official exercising similar ... No permit may be assigned without the approval of the commissioners court. Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, § 1, eff. ... Failure or refusal of the permittee to comply with the terms and conditions of the permit operates as an immediate termination and revocation of all ... The attorney general, any county attorney, district attorney, or criminal district attorney of the state shall file in a district court in the county in ... A person who for himself or on behalf of or under the direction of another person excavates, takes, removes, or carries away sand, marl, gravel, ... No incorporated city, town, or village having within its boundaries a public beach may authorize a person to excavate, take, remove, or carry away any ... The provisions of this subchapter do not apply to any island or peninsula that is not accessible by a public road or common carrier ferry ... None of the provisions of this subchapter may be construed to repeal or modify the provisions of Chapter 86, Parks and Wildlife Code, which relate ... In this subchapter, "mass gathering" means a gathering that attracts or is expected to attract more than 200 individuals who will remain at the location ... (a) To protect the public health, safety, and welfare, the commissioners court of a county bordering on the Gulf of Mexico or its tidewater limits, ... The county is entitled to appropriate injunctive relief to prevent the violation or threatened violation of an order adopted under this subchapter. Added by Acts ... A person commits an offense if the person violates an order adopted under this chapter. An offense under this section is a Class B misdemeanor. ... Last modified: August 10, 2007 |