Texas Natural Resources Code Title 2, Chapter 61 - Use And Maintenance Of Public Beaches

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B ACCESS TO PUBLIC BEACHES

• Texas Section 61.001 - Definitions
  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,...
• Texas Section 61.011 - Policy And Rules
  (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...
• Texas Section 61.012 - Definition
  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...
• Texas Section 61.013 - Prohibition
  (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...
• Texas Section 61.014 - Denial Of Access By Posting
  (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...
• Texas Section 61.015 - Beach Access And Use Plans
  (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...
• Texas Section 61.016 - Boundaries For Areas With No Marked Vegetation Line
  (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,...
• Texas Section 61.017 - Line Of Vegetation Unaffected By Certain Conditions
  (a) The "line of vegetation" is not affected by the occasional sprigs of salt grass on mounds and dunes or seaward from them or by...
• Texas Section 61.0171 - Temporary Suspension Of Line Of Vegetation Determination
  (a) The commissioner may, by order, suspend action on conducting a line of vegetation determination for a period of up to three years from the...
• Texas Section 61.018 - Enforcement
  (a) Except as provided by Subsection (a-1), any county attorney, district attorney, or criminal district attorney, or the attorney general at the request of the...
• Texas Section 61.0181 - Administrative Penalty
  The commissioner may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter in the amount provided...
• Texas Section 61.0182 - 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....
• Texas Section 61.0183 - Removal Of Certain Structures, Improvements, Obstructions, Barriers, And Hazards On Public Beach
  (a) The commissioner may order the removal of a structure, improvement, obstruction, barrier, or hazard from a public beach if the commissioner finds the structure,...
• Texas Section 61.0184 - Notice Requirements; Orders And Hearings
  (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...
• Texas Section 61.0185 - Temporary Suspension Of Submission Of Requests That Attorney General File Suit
  (a) The commissioner by order may suspend for a period of three years from the date the order is issued the submission of a request...
• Texas Section 61.019 - Declaratory Judgment Suits
  (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...
• Texas Section 61.020 - Prima Facie Evidence
  (a) In a suit or administrative proceeding brought or defended under this subchapter or whose determination is affected by this subchapter, a showing that the...
• Texas Section 61.021 - Area Not Covered By Subchapter
  (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...
• Texas Section 61.0211 - State Or National Park Covered By Subchapter
  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...
• Texas Section 61.022 - Government Agencies And Subdivisions
  (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,...
• Texas Section 61.023 - Effect On Land Titles And Property Adjacent To And On Beaches
  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...
• Texas Section 61.024 - Effect Of Subchapter On Definition Of Public Beach
  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...
• Texas Section 61.025 - Disclosure To Purchaser Of Property
  (a) Except as provided by Subsection (b), a person who sells or conveys an interest, other than a mineral, leasehold, or security interest, in real...

SUBCHAPTER C MAINTENANCE OF THE PUBLIC BEACHES

• Texas Section 61.026 - Beach Access Public Awareness And Education
  (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...
• Texas Section 61.061 - Purpose
  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...
• Texas Section 61.062 - Public Policy
  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...
• Texas Section 61.063 - Definitions
  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...
• Texas Section 61.064 - Application Of Subchapter
  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...
• Texas Section 61.065 - Duty Of Cities
  (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...
• Texas Section 61.066 - Duty Of County
  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...
• Texas Section 61.067 - Duty Of State
  (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...
• Texas Section 61.068 - Application Requirement
  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...
• Texas Section 61.069 - Contents Of Application
  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...
• Texas Section 61.070 - Parking And Use Fees
  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...
• Texas Section 61.071 - Compliance Before Approval
  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.,...
• Texas Section 61.072 - State Funds
  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...
• Texas Section 61.073 - Conditions For Payments
  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...
• Texas Section 61.074 - Submission Of Proposed Expenditures
  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...
• Texas Section 61.075 - Fair Distribution Of Funds
  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...
• Texas Section 61.076 - Limitation On State Share
  (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...
• Texas Section 61.077 - Funds For Administrative Purposes And Emergencies
  (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...
• Texas Section 61.078 - Authority To Spend County Funds
  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...
• Texas Section 61.079 - Notice Of Ineligibility
  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...
• Texas Section 61.080 - Public Beaches In Ineligible City
  (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...
• Texas Section 61.081 - Public Beaches In Ineligible County
  (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...
• Texas Section 61.082 - Authority Of Local Governments
  (a) Except as provided by Section 61.067(a-1), the provisions of this subchapter shall not be construed to interfere with local initiative and responsibility in the...

SUBCHAPTER D COUNTY REGULATION OF PUBLIC USE OF BEACHES

• Texas Section 61.083 - Exemptions From Subchapter
  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...
• Texas Section 61.121 - Definition
  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,...
• Texas Section 61.122 - County Regulatory Authority
  (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...
• Texas Section 61.123 - Notice Of Hearing
  (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...
• Texas Section 61.124 - Copies Of 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, Sec....
• Texas Section 61.125 - Public Hearing
  (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...
• Texas Section 61.126 - Traffic Regulations
  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...
• Texas Section 61.127 - Criminal Penalties
  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...
• Texas Section 61.128 - Order Prevails Over State Law
  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...
• Texas Section 61.129 - Ordinance Prevails Over Order And State Law
  (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...
• Texas Section 61.130 - Rights Of The Public
  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...
• Texas Section 61.131 - Effect Of Subchapter On Definition Of Public Beach
  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...

SUBCHAPTER E LICENSES FOR BUSINESS ESTABLISHMENTS

• Texas Section 61.132 - Closing Of Beaches For Space Flight Activities
  (a) This section applies only to a county bordering on the Gulf of Mexico or its tidewater limits that contains a launch site the construction...
• Texas Section 61.161 - Public Policy
  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...
• Texas Section 61.162 - Findings
  (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...
• Texas Section 61.163 - Definition
  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...
• Texas Section 61.164 - Application
  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...
• Texas Section 61.165 - Contents Of Application
  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...
• Texas Section 61.166 - Filing Fee
  (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...
• Texas Section 61.167 - Separate Applications
  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...
• Texas Section 61.168 - Granting License
  (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...
• Texas Section 61.169 - Applications Not To Be Granted
  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)...
• Texas Section 61.170 - License Prohibition Against Glass Containers
  (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...
• Texas Section 61.171 - Assignment
  No license issued under this subchapter may be assigned. Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
• Texas Section 61.172 - Termination And Revocation Of License
  (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...
• Texas Section 61.173 - Maximum Territorial Limits
  (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...
• Texas Section 61.174 - Additional Standards
  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...
• Texas Section 61.175 - Rules, Procedures, And Conditions
  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....
• Texas Section 61.176 - Areas Exempt From Subchapter
  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...
• Texas Section 61.177 - Penalty
  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...

SUBCHAPTER F REMOVAL OF SAND, MARL, GRAVEL, AND SHELL

• Texas Section 61.178 - Enforcement
  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...
• Texas Section 61.211 - Findings
  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...
• Texas Section 61.212 - Exemptions From Subchapter
  (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...
• Texas Section 61.213 - Application
  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...
• Texas Section 61.214 - Contents Of Application
  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...
• Texas Section 61.215 - Prerequisites To Issuance Of Permit
  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...
• Texas Section 61.216 - Notice Of Applications Received
  (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...
• Texas Section 61.217 - Public Hearing
  (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...
• Texas Section 61.218 - Notice Of Public Hearing
  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...
• Texas Section 61.219 - Issuance Of Permit
  (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...
• Texas Section 61.220 - Return Of Filing Fee
  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...
• Texas Section 61.221 - Assignment Of Permits
  No permit may be assigned without the approval of the commissioners court. Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, Sec. 1, eff....
• Texas Section 61.222 - Termination And Revocation Of Permit
  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...
• Texas Section 61.223 - Suits For Orders And Injunctions
  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...
• Texas Section 61.224 - Penalty
  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,...
• Texas Section 61.225 - Sand, Marl, Gravel, Or Shell From Public Beaches Within Incorporated Cities, Towns, Or Villages
  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...
• Texas Section 61.226 - Application Of Subchapter To Certain Islands And Peninsulas
  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...

SUBCHAPTER G PERMITS FOR MASS GATHERINGS

• Texas Section 61.227 - Authority Of Parks And Wildlife Department
  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...
• Texas Section 61.251 - Definition
  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...
• Texas Section 61.252 - Permit Requirements
  (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,...
• Texas Section 61.253 - Injunction
  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...
• Texas Section 61.254 - Criminal Penalty
  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: September 28, 2016