CHAPTER 61. USE AND MAINTENANCE OF PUBLIC BEACHES

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NATURAL RESOURCES CODE

TITLE 2. PUBLIC DOMAIN

SUBTITLE E. BEACHES AND DUNES

CHAPTER 61. USE AND MAINTENANCE OF PUBLIC BEACHES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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, excavation, or any substantial

improvement to land or the size of any structure.

(3) "Department" means the Parks and Wildlife Department.

(4) "Land office" means the General Land Office.

(5) "Line of vegetation" means the extreme seaward boundary of

natural vegetation which spreads continuously inland.

(6) "Littoral owner" means the owner of land adjacent to the

shore and includes a lessee, licensee, or anyone acting under the

littoral owner's authority.

(7) "Local government" means a municipality, county, or any

other political subdivision of the state.

(8) "Public beach" means any beach area, whether publicly or

privately owned, extending inland from the line of mean low tide

to the line of vegetation bordering on the Gulf of Mexico to

which the public has acquired the right of use or easement to or

over the area by prescription, dedication, presumption, or has

retained a right by virtue of continuous right in the public

since time immemorial, as recognized in law and custom. This

definition does not include a beach that is not accessible by a

public road or public ferry as provided in Section 61.021 of this

code.

Acts 1977, 65th Leg., p. 2477, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 4,

eff. June 7, 1991.

SUBCHAPTER B. ACCESS TO PUBLIC BEACHES

Sec. 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

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.

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;

(3) local government prohibitions of vehicular traffic on public

beaches, provision of off-beach parking, the use on a public

beach of a golf cart, as defined by Section 502.001,

Transportation Code, for the transportation of a person with a

physical disability, and other minimum measures needed to

mitigate for any adverse effect on public access and dune areas;

(4) imposition of beach access, user, or parking fees and

reasonable exercises of the police power by local governments

with respect to public beaches;

(5) contents and certification of beach access and use plans and

standards for local government review of construction on land

adjacent to and landward of public beaches, including procedures

for expedited review of beach access and use plans under Section

61.015;

(6) construction on land adjacent to and landward of public

beaches and lying in the area either up to the first public road

generally parallel to the beach or to any closer public road not

parallel to the beach, or to within 1,000 feet of mean high tide,

whichever is greater, that affects or may affect public access to

and use of public beaches;

(7) the temporary suspension under Section 61.0185 of

enforcement of the prohibition against encroachments on and

interferences with the public beach easement and the ability of a

property owner to make repairs to a house while a suspension is

in effect;

(8) the determination of the line of vegetation or natural line

of vegetation;

(9) the factors to be considered in determining whether a

structure, improvement, obstruction, barrier, or hazard on the

public beach:

(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; and

(10) the procedures for determining whether a structure is not

insurable property for purposes of Section 2210.004, Insurance

Code, because of the factors listed in Subsection (h) of that

section.

(e) Repealed by Acts 2003, 78th Leg., ch. 245, Sec. 9.

(f) Chapter 2007, Government Code, does not apply to rules

adopted under Subsection (d)(7).

Acts 1977, 65th Leg., p. 2477, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 5,

eff. June 7, 1991; Acts 2003, 78th Leg., ch. 245, Sec. 1, 9, eff.

June 18, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 10, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

40, Sec. 1, eff. May 19, 2009.

Sec. 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 Gulf of Mexico

or any larger area extending from the line of mean low tide to

the line of vegetation bordering on the Gulf of Mexico if the

public has acquired a right of use or easement to or over the

area by prescription, dedication, or has retained a right by

virtue of continuous right in the public.

Acts 1977, 65th Leg., p. 2477, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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 that will

interfere with the free and unrestricted right of the public,

individually and collectively, lawfully and legally to enter or

to leave any public beach or to use any public beach or any

larger area abutting on or contiguous to a public beach if the

public has acquired a right of use or easement to or over the

area by prescription, dedication, or has retained a right by

virtue of continuous right in the public.

(b) Unless properly certified as consistent with this

subchapter, no person may cause, engage in, or allow construction

landward of and adjacent to a public beach within the area

described in Section 61.011(d)(6) of this code in a manner that

will or is likely to affect adversely public access to and use of

the public beach. The prohibition in this subsection takes effect

only on adoption of final rules by the commissioner under Section

61.011 of this code.

beach bordering on the Gulf of Mexico that extends inland from

the line of mean low tide to the natural line of vegetation

bordering on the seaward shore of the Gulf of Mexico, or such

larger contiguous area to which the public has acquired a right

of use or easement to or over by prescription, dedication, or

estoppel, or has retained a right by virtue of continuous right

in the public since time immemorial as recognized by law or

custom. This definition does not include a beach that is not

accessible by a public road or public ferry as provided in

Section 61.021 of this code.

Acts 1977, 65th Leg., p. 2478, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1607, ch. 681,

Sec. 2, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 4818, ch.

850, Sec. 1, eff. June 19, 1983; Acts 1991, 72nd Leg., ch. 295,

Sec. 6, eff. June 7, 1991.

Sec. 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 the line of vegetation

bordering on the Gulf of Mexico, or to a line 200 feet inland

from the line of mean low tide, whichever is nearer the line of

mean low tide, if the public has acquired a right of use or

easement to or over the area by prescription, dedication, or has

retained a right by virtue of continuous right in the public.

(b) No person may display or cause to be displayed on or

adjacent to any public beach any sign, marker, or warning, or

make or cause to be made any written or oral communication which

states that the public beach is private property or represent in

any other manner that the public does not have the right of

access to the public beach as guaranteed by this subchapter.

Acts 1977, 65th Leg., p. 2478, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1607, ch. 681,

Sec. 1, eff. Aug. 27, 1979; Acts 1991, 72nd Leg., ch. 295, Sec.

7, eff. June 7, 1991.

Sec. 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 boundaries shall adopt a plan for preserving and

enhancing access to and use of public beaches within the

jurisdiction of the local government. Such beach access and use

plans must be consistent with the policies in Section 61.011 of

this code and the rules promulgated thereunder and Chapter 63 of

this code and shall to the greatest extent practicable

incorporate the local government's ordinary land use planning

procedures. A municipality may adopt and apply any appropriate

ordinances within its extraterritorial jurisdiction to effect the

purposes of this subchapter.

(b) Local governments shall submit proposed beach access and use

plans to the commissioner for certification as to compliance with

such policies and rules. The commissioner shall act on a local

government's proposed beach access and use plan within 90 days of

submission by either approving the plan or denying certification.

In the event of denial, the commissioner shall send the proposed

plan back to the originating local government with a statement of

specific objections and the reasons for denial, along with

suggested modifications. On receipt, the local government shall

revise and resubmit the plan. The commissioner's certification

of local government plans shall be by adoption into the rules

under Section 61.011.

landward of a public beach in the area described in Section

61.011(d)(6) shall submit a development plan to the appropriate

local government. The local government shall forward a

development plan for small-scale construction activity that

includes 5,000 square feet or less or habitable structures two

stories or less in height to the commissioner no less than 10

working days prior to acting on the development plan. The local

government shall forward a development plan for large-scale

construction activity that includes more than 5,000 square feet

or habitable structures more than two stories in height to the

commissioner no less than 30 working days prior to acting on the

development plan. The commissioner may submit comments on the

proposed construction to the local government.

(d) The local government shall review the proposed development

plan and the commissioner's comments and other information the

local government may consider useful to determine consistency

with the local government's beach access and use plan.

(e) If the proposed construction is required to be permitted by

the local government under Chapter 63 of this code, the local

government shall consider the issuance of the permit concurrently

with the certification under this section, unless otherwise

provided by rules promulgated under Section 61.011 of this code.

(f) The local government, after considering all appropriate

information, shall make the determination and shall certify that

the construction as proposed either is consistent with the local

government's beach access and use plan or is inconsistent with

the local government's beach access and use plan, in which case

the local government must specify how the construction is

inconsistent with the plan.

(g) The local government may include in the certification any

reasonable terms and conditions it finds necessary to assure

adequate public beach access and use rights consistent with

Chapter 63 of this code.

(h) The requirements of this section take effect only on

adoption of final rules by the commissioner under Section 61.011

of this code.

Acts 1977, 65th Leg., p. 2478, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 8,

eff. June 7, 1991; Acts 2003, 78th Leg., ch. 245, Sec. 2, eff.

June 18, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 11, eff. September 1, 2007.

Sec. 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, a line immediately behind well-defined

dunes or mounds of sand and at a point where vegetation begins)

recourse shall be to the nearest clearly marked line of

vegetation on each side of the unmarked area.

(b) The "line of vegetation" for the unmarked area shall be the

line of constant elevation connecting the two clearly marked

lines of vegetation on each side.

are not the same, the extension defining the "line of vegetation"

shall be the average elevation as between the two points, but if

there is no clearly marked line of vegetation, the "line of

vegetation" shall not extend inland further than 200 feet from

the seaward line of mean low tide.

Acts 1977, 65th Leg., p. 2478, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 9,

eff. June 7, 1991.

Sec. 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 and by artificial fill, the addition or removal of

turf, or by other artificial changes in the natural vegetation of

the area.

(b) If the changes listed in Subsection (a) of this section are

made and the vegetation line is obliterated or is created

artificially, the line of vegetation shall be determined in the

same manner as in those areas covered by Section 61.016 of this

code, but if there is a vegetation line consistently following a

line more than 200 feet from the seaward line of mean low tide,

the 200-foot line shall constitute the landward boundary of the

area subject to public easement until a final court adjudication

establishes the line in another place.

(c)(1) In an area of public beach where a seawall structure

constructed in its entirety as a single structure of one design

before 1970 and continuously maintained with a height of not less

than 11 feet above mean low tide interrupts the natural line of

vegetation for a distance not less than 4,000 feet nor greater

than 4,500 feet, the line of vegetation is along the seaward side

of the seawall for the distance marked by the seawall, provided

that prior to September 2, 1997:

(A) a perpetual easement has been granted in favor of the public

affording pedestrian, noncommercial use along and over the entire

length of the seawall and adjacent sidewalk by the general

public;

(B) fee title to the surface estate to an area for public

parking and other public uses adjacent to the seawall has been

conveyed to and accepted by a public entity, which area contains

sufficient acreage to provide at least one parking space for each

15 linear feet of the seawall, is located within the center

one-third of the length of the seawall or not farther than 300

feet from that center one-third, and has frontage on the seawall

for at least 300 linear feet; and

end of the seawall affording vehicular access from the nearest

public road to the beach.

(2) A line of vegetation established as described in this

subsection shall be the landward boundary of the public beach and

of the public easement for all purposes. Fee title to all

submerged land as described in this code shall remain in the

State of Texas.

(d)(1) In an area of public beach where a combination stone

revetment and concrete sheet pile wall constructed in its

entirety as a single structure before 1999 and continuously

maintained with a height of not less than five feet above mean

low tide interrupts the natural line of vegetation for a distance

not less than 7.5 miles and not more than 8.5 miles, the line of

vegetation is along the landward boundary of that strip of land

conveyed to the United States of America for the construction of

the stone revetment and concrete sheet pile wall and for the

distance marked by the stone revetment and concrete sheet pile

wall.

(2) A line of vegetation established as described by this

subsection is the landward boundary of the public beach and of

the public easement for all purposes. Fee title to all submerged

land as described in this code shall remain in the State of

Texas.

(e) In an area of public beach where a shore protection

structure constructed as provided by Section 61.022(a)(6)

interrupts the natural line of vegetation for a distance of at

least 1,000 feet, the line of vegetation is along the seaward

side of the shore protection structure for the distance marked by

that structure. A line of vegetation established under this

subsection is the landward boundary of the public beach and of

the public easement for all purposes, provided that before or

concurrently with the construction of the structure:

(1) a perpetual easement has been granted in favor of the public

affording pedestrian, noncommercial use along and over the entire

length of the structure and an adjacent sidewalk by the general

public; and

(2) the subdivision that constructed the shore protection

structure has provided a public parking area of sufficient

acreage to provide at least one parking space for each 15 linear

feet of the structure, located so that ingress and egress ways

are not more than one-half mile apart.

(f) Before a subdivision of this state begins construction of a

shore protection structure described by Subsection (e), the

subdivision must conduct and obtain the commissioner's approval

of a coastal boundary survey under Section 33.136. The state

retains fee title to all land described by Section 11.012 that is

occupied by or affected by the placement of the structure.

Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1995, 74th Leg., ch. 593, Sec. 1,

eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 331, Sec. 1, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 999, Sec. 1, eff. Sept.

1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

377, Sec. 1, eff. June 19, 2009.

Sec. 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

commissioner, shall file in a district court of Travis County, or

in the county in which the property is located, a suit to obtain

either a temporary or permanent court order or injunction, either

prohibitory or mandatory, to remove or prevent any improvement,

maintenance, obstruction, barrier, or other encroachment on a

public beach, or to prohibit any unlawful restraint on the

public's right of access to and use of a public beach or other

activity that violates this chapter.

(a-1) A county attorney, district attorney, or criminal district

attorney or the attorney general may not file a suit under

Subsection (a) to obtain a temporary or permanent court order or

injunction, either prohibitory or mandatory, to remove a house

from a public beach if:

(1) the line of vegetation establishing the boundary of the

public beach moved as a result of a meteorological event that

occurred before January 1, 2009;

(2) the house was located landward of the natural line of

vegetation before the meteorological event;

(3) a portion of the house continues to be located landward of

the line of vegetation; and

(4) the house is located on a peninsula in a county with a

population of more than 250,000 and less than 251,000 that

borders the Gulf of Mexico.

(a-2) The owner of a house described by Subsection (a-1) may

repair or rebuild the house if the house was damaged or destroyed

by the meteorological event.

(a-3) Notwithstanding Subsection (a-1), a county attorney,

district attorney, or criminal district attorney or the attorney

general may file a suit under Subsection (a) to obtain a

temporary or permanent court order or injunction, either

prohibitory or mandatory, to remove a house described by

Subsection (a-1) from a public beach if the house was damaged or

destroyed by the meteorological event and the owner of the house

fails to repair or rebuild the house before September 1, 2013.

(b) In the same suit, the attorney general, the commissioner,

county attorney, district attorney, or criminal district attorney

may recover penalties and the costs of removing any improvement,

obstruction, barrier, or other encroachment if it is removed by

public authorities pursuant to an order of the court or a removal

order issued by the commissioner as provided by Section 61.0183.

by the commissioner as provided by Section 61.0183 is liable for

a civil penalty of not less than $50 nor more than $2,000. Each

day the violation occurs or continues is a separate violation.

(d) Any county attorney, or the attorney general at the request

of the commissioner, may bring a suit for a declaratory judgment

to try any issue affecting the public's right of access to or use

of the public beach.

Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 10,

eff. June 7, 1991; Acts 2003, 78th Leg., ch. 245, Sec. 3, eff.

June 18, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 12, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1417, Sec. 1, eff. January 1, 2010.

Sec. 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 by Section 61.018(c) for a civil penalty. In

determining the amount of the penalty, the commissioner shall

consider:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the violation and the

hazard or damage caused thereby;

(2) the degree of cooperation and quality of response;

(3) the degree of culpability and history of previous violations

by the person subject to the penalty;

(4) the amount necessary to deter future violations; and

(5) any other matter that justice requires.

Added by Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 13, eff. September 1, 2007.

Sec. 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, Sec. 13, eff. September 1, 2007.

Sec. 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, improvement, obstruction,

barrier, or hazard to be on the public beach as defined by

Section 61.013(c) and:

(1) the structure, improvement, obstruction, barrier, or hazard

was constructed or placed on the beach in a manner that is

inconsistent with the local government's beach access and use

plan; or

(2) the structure, improvement, obstruction, or barrier

constitutes an imminent hazard to safety, health, or public

welfare.

(b) The decision to remove a structure, improvement,

obstruction, barrier, or hazard under this section is

discretionary with the commissioner. This section does not

impose a duty on the state to remove a structure, improvement,

obstruction, barrier, or hazard or to remedy or warn of a

hazardous condition on the public beach.

of a structure, improvement, obstruction, barrier, or hazard

under this section and may pay the costs of removal from money

appropriated by the legislature.

Added by Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 13, eff. September 1, 2007.

Sec. 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 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

(3) the person who is constructing, maintains, controls, owns,

or possesses the structure, improvement, obstruction, barrier, or

hazard located on the public beach may submit, not later than the

30th day after the date on which the notice is served, written

request for a hearing to contest the determination.

structure, improvement, obstruction, barrier, or hazard under

Section 61.0183 or impose an administrative penalty under Section

61.0181, the commissioner must provide written notice to the

person who is constructing, maintains, controls, owns, or

possesses the structure, improvement, obstruction, barrier, or

hazard. The notice must:

(1) describe the specific structure, improvement, obstruction,

barrier, or hazard that violates this subchapter;

(2) state that the person who is constructing, maintains,

controls, owns, or possesses the structure, improvement,

obstruction, barrier, or hazard is required to remove the

structure, improvement, obstruction, barrier, or hazard:

(A) not later than the 30th day after the date on which the

notice is served, if the structure, improvement, obstruction,

barrier, or hazard is obstructing access to or use of the public

beach; or

(B) within a reasonable time specified by the commissioner if

the structure, improvement, obstruction, barrier, or hazard is an

imminent and unreasonable threat to public health, safety, or

welfare;

(3) state that failure to remove the structure, improvement,

obstruction, barrier, or hazard may result in liability for a

civil penalty under Section 61.018(c), removal by the

commissioner and liability for the costs of removal, or any

combination of those remedies; and

(4) state that the person who is constructing, maintains,

controls, owns, or possesses the structure, improvement,

obstruction, barrier, or hazard may submit, not later than the

30th day after the date on which the notice is served, written

request for a hearing.

(d) A person is considered to be the person who owns, maintains,

controls, or possesses an improvement, obstruction, barrier, or

other encroachment on the public beach for purposes of this

section if the person is the person who most recently owned,

maintained, controlled, or possessed the improvement,

obstruction, barrier, or other encroachment on the public beach.

(e) The notice required by Subsection (b) must be given:

(1) by service in person, by registered or certified mail,

return receipt requested, or by priority mail; or

(2) if personal service cannot be obtained or the address of the

person responsible is unknown, by posting a copy of the notice on

the structure, improvement, obstruction, barrier, or hazard and

by publishing notice in a newspaper with general circulation in

the county in which the structure, improvement, obstruction,

barrier, or hazard is located at least two times within 10

consecutive days.

(f) The commissioner by rule may adopt procedures for a hearing

under this section.

(g) The commissioner must grant a hearing before an

administrative law judge employed by the State Office of

Administrative Hearings if a hearing is requested. A person who

does not request a hearing within 30 days after the date on which

the notice is served waives all rights to judicial review of the

commissioner's findings or orders and shall immediately remove

the structure, improvement, obstruction, barrier, or hazard and

pay any penalty assessed. If a hearing is held, the commissioner

may issue a final order approving the proposal for decision

submitted by the administrative law judge concerning a

determination regarding whether a structure is not insurable

property for purposes of Section 2210.004, Insurance Code,

because of the factors listed in Subsection (h) of that section

or concerning removal of the structure, improvement, obstruction,

barrier, or hazard and payment of a penalty. The commissioner

may change a finding of fact or conclusion of law made by the

administrative law judge or may vacate or modify an order issued

by the administrative judge in accordance with Section 2001.058,

Government Code.

(h) A person may seek judicial review of a final order of the

commissioner under this section in a Travis County district court

under the substantial evidence rule as provided by Subchapter G,

Chapter 2001, Government Code. The trial courts of this state

shall give preference to an appeal of a final order of the

commissioner under this section in the same manner as provided by

Section 23.101(a), Government Code, for an appeal of a final

order of the commissioner under Section 51.3021 of this code.

(i) If the person who is constructing, maintains, controls,

owns, or possesses the structure, improvement, obstruction,

barrier, or hazard does not pay assessed penalties, removal

costs, and other assessed fees and expenses on or before the 30th

day after the date of entry of a final order assessing the

penalties, costs, and expenses, the commissioner may:

(1) sell salvageable parts of the structure, improvement,

obstruction, barrier, or hazard to offset those costs;

(2) request that the attorney general institute civil

proceedings to collect the penalties, costs of removal, and other

fees and expenses remaining unpaid; or

(3) use any combination of the remedies prescribed by this

subsection, or other remedies authorized by law, to collect the

unpaid penalties, costs of removal, and other fees and expenses

assessed because of the structure, improvement, obstruction,

barrier, or hazard on the public beach and its removal by the

commissioner.

(j) Penalties or costs collected under this section shall be

deposited in the coastal erosion response account as established

under Section 33.604.

(k) Notwithstanding any other provision of this subchapter, if a

structure that is the subject of an order for removal under

Section 61.0183 or an administrative penalty under Section

61.0181 has been used as a permanent, temporary, or occasional

residential dwelling by at least one person at any time during

the year before the date on which the order is issued or the

penalty is assessed:

(1) the notice required by Subsection (c) must state that the

person who is constructing, maintains, controls, owns, or

possesses the structure may submit, not later than the 90th day

after the date on which the notice is served, written request for

a hearing;

(2) if the person does not request a hearing within 90 days

after the date on which the notice is served, the person waives

all rights to judicial review of the commissioner's findings or

orders and shall immediately remove the structure and pay any

penalty assessed; and

(3) the amount of the administrative penalty assessed may not

exceed $1,000 for each day the violation occurs or continues.

Added by Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 13, eff. September 1, 2007.

Sec. 61.0185. TEMPORARY SUSPENSION OF SUBMISSION OF REQUESTS

THAT ATTORNEY GENERAL FILE SUIT. (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 that the attorney general file

a suit under Section 61.018(a) to obtain a temporary or permanent

court order or injunction, either prohibitory or mandatory, to

remove a house from a public beach if the commissioner determines

that:

(1) the line of vegetation establishing the boundary of the

public beach has moved as a result of a meteorological event;

(2) the house was located landward of the natural line of

vegetation before the meteorological event; and

(3) the house does not present an imminent threat to public

health and safety.

(b) The commissioner shall make a determination under Subsection

(a) regarding the line of vegetation in accordance with Sections

61.016 and 61.017.

Geology of The University of Texas at Austin when making a

determination under Subsection (a) regarding:

(1) the line of vegetation; or

(2) the effect of a meteorological event on the location of the

public beach easement.

(d) This section does not apply to a house that the commissioner

determines to be:

(1) located in whole or in part below mean high tide; or

(2) more than 50 percent destroyed as a result of a

meteorological event.

(e) An order issued under this section shall be:

(1) posted on the land office's Internet website;

(2) published by the land office as a miscellaneous document in

the Texas Register; and

(3) filed for record by the land office in the real property

records of the county in which the house is located.

(f) The commissioner shall notify the attorney general and each

pertinent county attorney, district attorney, or criminal

district attorney of the issuance of an order under this section.

(g) A county attorney, district attorney, or criminal district

attorney may not file suit under Section 61.018(a) to obtain a

temporary or permanent court order or injunction, either

prohibitory or mandatory, to remove a house from a public beach

while the house is subject to an order issued under this section.

(h) While an order issued under this section is in effect, a

local government may:

(1) issue a certificate or permit authorizing repair of a house

subject to the order if the local government determines that the

repair:

(A) is solely to make the house habitable;

(B) complies with rules adopted by the commissioner under

Section 61.011(d)(7); and

use of concrete, Fibercrete, or other impervious materials

seaward of the line of vegetation; and

(2) allow utilities to be reconnected to a house subject to the

order.

(i) Issuance of an order under this section is purely within the

discretion of the commissioner. This section does not create:

(1) a duty on the part of the commissioner to issue an order

related to all or part of a house, regardless of any

determination made; or

(2) a private cause of action for:

(A) issuance of an order under this section; or

(B) failure to issue an order under this section.

(j) Chapter 2007, Government Code, does not apply to an order

issued under this section.

(k) If the commissioner issues an order under this section, a

limitations period established by statute, under common law, or

in equity that may be asserted or claimed in any action under

this chapter is suspended and does not run against this state,

the public, or the owner of the house for the period the order is

in effect.

(l) Expenses incurred while an order issued under this section

is in effect by the owner of a house in an effort to repair or

otherwise make the house habitable may not be claimed as damages

in any litigation with this state or a local government that may

be filed to enforce this chapter.

Added by Acts 2003, 78th Leg., ch. 245, Sec. 4, eff. June 18,

2003.

Sec. 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

the issue or issues.

(b) Service of citation on the state shall be made by serving

the citation on the attorney general.

Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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 area in question is located in the area from

mean low tide to the line of vegetation is prima facie evidence

that:

(1) the title of the littoral owner does not include the right

to prevent the public from using the area for ingress and egress

to the sea; and

(2) there is imposed on the area a common law right or easement

in favor of the public for ingress and egress to the sea.

(b) The determination of the location of the line of vegetation

by the commissioner as provided by Sections 61.016 and 61.017

constitutes prima facie evidence of the landward boundary of the

area subject to the public easement until a court adjudication

establishes the line in another place.

Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 11,

eff. June 7, 1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 14, eff. September 1, 2007.

Sec. 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

facility for as long as the condition exists.

(b) A local government or local official may not adopt, apply,

or enforce a beach access and use plan or any other provision of

this subchapter within a state or national park area, wildlife

refuge, or other designated state or national natural area.

under this subchapter or rules adopted under this subchapter does

not apply to a beach or segment of a beach within 3,100 feet of a

natural science laboratory in a county with a population of

40,000 or less.

Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 14,

eff. June 7, 1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1175, Sec. 32, eff. June 19, 2009.

Sec. 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 peninsula is accessible by public road or

ferry facility.

Added by Acts 1991, 72nd Leg., ch. 295, Sec. 12, eff. June 7,

1991.

Sec. 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, jetty, or other structure as an

aid to navigation, protection of the shore, fishing, safety, or

other lawful purpose authorized by the constitution or laws of

this state or the United States:

(1) an agency, department, institution, subdivision, or

instrumentality of the federal government;

(2) an agency, department, institution, or instrumentality of

this state;

(3) a county;

(4) a municipality;

(5) a subdivision of this state, other than a county or

municipality, acting in partnership with the county or

municipality in which the structure is located; or

(6) a subdivision of this state, acting with the approval of the

commissioner, if the structure is a shore protection structure

that:

(A) is designed to protect public infrastructure, including a

state or county highway or bridge;

(B) is located on land that:

(i) is state-owned submerged land or was acquired for the

project by a subdivision of this state; and

(ii) is located in or adjacent to the mouth of a natural inlet

from the Gulf of Mexico; and

(a-1) In granting approval of a shore protection structure under

Subsection (a)(6) of this section, the commissioner may specify

requirements for the design and location of the structure or any

public parking area required by Section 61.017(e).

(b) No local government may regulate vehicular traffic so as to

prohibit vehicles from an area of public beach or impose or

increase public beach access, parking, or use fees in any manner

inconsistent with the policies of Section 61.011 of this code or

the rules promulgated thereunder.

vehicular traffic regulations, except those for public safety, or

fees shall submit a plan detailing the proposed action to the

commissioner for review. The commissioner shall certify whether

the proposed action is consistent or inconsistent with such

policies and rules. Certifications of consistency shall be by

adoption into the rules promulgated under Section 61.011.

(d) Subsections (b) and (c) of this section take effect only on

adoption of final rules by the commissioner under Section 61.011

of this code. Subsections (b) and (c) of this section do not

apply to any existing local government traffic regulation or

beach access, parking, or use fee adopted or enacted before the

effective date of Subsections (b) and (c) of this section, and

the former law is continued in effect for the purpose of the

existing regulations and fees, until the regulations or fees are

amended or changed in whole or in part.

(e) State-owned or public land not specifically exempted by this

chapter shall be subject to the same requirements of this chapter

as land owned by private littoral owners except as provided by

Sections 31.161 through 31.167 of this code.

Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 13,

eff. June 7, 1991; Acts 2003, 78th Leg., ch. 245, Sec. 5, eff.

June 18, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

377, Sec. 2, eff. June 19, 2009.

Sec. 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 beach bordering on the seaward shore

of the Gulf of Mexico or to the continuation of fences for the

retention of livestock across sections of beach which are not

accessible to motor vehicle traffic by public road or by beach.

Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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 in law and custom.

Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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 property located seaward of the Gulf Intracoastal

Waterway to its southernmost point and then seaward of the

longitudinal line also known as 97 degrees, 12', 19" which runs

southerly to the international boundary from the intersection of

the centerline of the Gulf Intracoastal Waterway and the

Brownsville Ship Channel must include in any executory contract

for conveyance a statement in substantially the following form:

CONCERNING THE PROPERTY AT ______________________________________

DISCLOSURE NOTICE CONCERNING LEGAL AND ECONOMIC RISKS

OF PURCHASING COASTAL REAL PROPERTY NEAR A BEACH

WARNING: THE FOLLOWING NOTICE OF POTENTIAL RISKS OF ECONOMIC

LOSS TO YOU AS THE PURCHASER OF COASTAL REAL PROPERTY IS REQUIRED

BY STATE LAW.

● READ THIS NOTICE CAREFULLY. DO NOT SIGN THIS CONTRACT

UNTIL YOU FULLY UNDERSTAND THE RISKS YOU ARE ASSUMING.

● BY PURCHASING THIS PROPERTY, YOU MAY BE ASSUMING

ECONOMIC RISKS OVER AND ABOVE THE RISKS INVOLVED IN PURCHASING

INLAND REAL PROPERTY.

● IF YOU OWN A STRUCTURE LOCATED ON COASTAL REAL

PROPERTY NEAR A GULF COAST BEACH, IT MAY COME TO BE LOCATED ON

THE PUBLIC BEACH BECAUSE OF COASTAL EROSION AND STORM EVENTS.

● AS THE OWNER OF A STRUCTURE LOCATED ON THE PUBLIC

BEACH, YOU COULD BE SUED BY THE STATE OF TEXAS AND ORDERED TO

REMOVE THE STRUCTURE.

● THE COSTS OF REMOVING A STRUCTURE FROM THE PUBLIC

BEACH AND ANY OTHER ECONOMIC LOSS INCURRED BECAUSE OF A REMOVAL

ORDER WOULD BE SOLELY YOUR RESPONSIBILITY.

The real property described in this contract is located seaward

of the Gulf Intracoastal Waterway to its southernmost point and

then seaward of the longitudinal line also known as 97 degrees,

12', 19" which runs southerly to the international boundary from

the intersection of the centerline of the Gulf Intracoastal

Waterway and the Brownsville Ship Channel. If the property is in

close proximity to a beach fronting the Gulf of Mexico, the

purchaser is hereby advised that the public has acquired a right

of use or easement to or over the area of any public beach by

prescription, dedication, or presumption, or has retained a right

by virtue of continuous right in the public since time

immemorial, as recognized in law and custom.

The extreme seaward boundary of natural vegetation that spreads

continuously inland customarily marks the landward boundary of

the public easement. If there is no clearly marked natural

vegetation line, the landward boundary of the easement is as

provided by Sections 61.016 and 61.017, Natural Resources Code.

Much of the Gulf of Mexico coastline is eroding at rates of more

than five feet per year. Erosion rates for all Texas Gulf

property subject to the open beaches act are available from the

Texas General Land Office.

State law prohibits any obstruction, barrier, restraint, or

interference with the use of the public easement, including the

placement of structures seaward of the landward boundary of the

easement. OWNERS OF STRUCTURES ERECTED SEAWARD OF THE VEGETATION

LINE (OR OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME

SEAWARD OF THE VEGETATION LINE AS A RESULT OF PROCESSES SUCH AS

SHORELINE EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS

TO REMOVE THE STRUCTURES.

The purchaser is hereby notified that the purchaser should:

(1) determine the rate of shoreline erosion in the vicinity of

the real property; and

(2) seek the advice of an attorney or other qualified person

before executing this contract or instrument of conveyance as to

the relevance of these statutes and facts to the value of the

property the purchaser is hereby purchasing or contracting to

purchase.

(b) If the statement is not included in the executory contract

for conveyance or there is no executory contract for conveyance,

the statement must be delivered to, and receipt thereof

acknowledged by, the purchaser not later than 10 calendar days

prior to closing the transaction.

shall be grounds for the purchaser to terminate the contract or

agreement to convey, and upon termination any earnest money shall

be returned to the party making the deposit.

(d) A seller commits a deceptive act under Section 17.46,

Business & Commerce Code, if the seller fails to comply with

Subsection (a) or Subsection (b), as applicable.

(e) This section, or the failure of a person to give or receive

the notice in the manner required by this section, does not

diminish or modify the beach access and use rights of the public

acquired through statute or under common law.

Added by Acts 1985, 69th Leg., ch. 350, Sec. 1, eff. Aug. 26,

1985. Amended by Acts 1987, 70th Leg., ch. 75, Sec. 1, eff. Aug.

31, 1987; Acts 1999, 76th Leg., ch. 508, Sec. 10, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 14, eff. September 1, 2007.

Sec. 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 by local governments to designate access

ways to and from public beaches.

(b) The land office may develop and distribute public

information about the requirements of this chapter, the

importance of natural beach and dune systems, and the necessity

for preserving them. Such information may include public service

announcements made under the direction of the land office.

available to public schools materials for natural science classes

which explain the importance of natural beach and dune systems

and the necessity of preserving them.

Added by Acts 1991, 72nd Leg., ch. 295, Sec. 15, eff. June 7,

1991. Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(54), eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 245, Sec. 6, eff. June

18, 2003.

SUBCHAPTER C. MAINTENANCE OF THE PUBLIC BEACHES

Sec. 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 the maintenance

and administration of beaches.

Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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 to and from

the state-owned beaches bordering on the seaward shore of the

Gulf of Mexico if the public has acquired a right of use or

easement to or over the area by prescription, dedication, or

continuous use. This creates a responsibility for the state, in

its position as trustee for the public to assist local

governments in the cleaning of beach areas which are subject to

the access rights of the public as defined in Subchapter B of

this chapter.

Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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 conditions that would pose a threat to personal health

or safety if not removed or otherwise corrected and includes the

employment of lifeguards, beach patrols, and litter patrols.

(2) "Land office" means the General Land Office.

Acts 1977, 65th Leg., p. 2480, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 1,

eff. Sept. 1, 1991.

Sec. 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 located

or border on the Gulf of Mexico if the city, town, or village or

county that makes application for funds under this subchapter has

within its boundaries public beaches.

Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 366, ch. 163,

Sec. 1, eff. Aug. 27, 1979.

Sec. 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 Mexico to

clean and maintain the condition of all public beaches within the

corporate boundaries.

(b) The duty to clean and maintain the condition of public

beaches does not extend to any public beach within the corporate

boundaries that is owned by the county in which it is located.

Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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 the condition of all

public beaches located inside the county but outside the

boundaries of any incorporated city located or bordering on the

Gulf of Mexico and all public beaches owned by the county and

located inside the boundaries of an incorporated city, town, or

village.

Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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 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.

(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.

the greatest extent feasible to enhance the performance of its

duties under this subchapter.

(d) The land office may use any cash, gifts, grants, donations,

or in-kind contributions that it receives from a public or

private entity through the administration of the Adopt-A-Beach

program to assist a municipality, a county, or the department in

performing any duty imposed on the city, county, or department by

this subchapter.

(e) The land office may adopt rules reasonably necessary to

perform its duties under this subchapter.

Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 2,

eff. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec.

7.01, eff. Sept. 1, 1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

6, Sec. 1, eff. May 5, 2009.

Sec. 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 1977, 65th Leg., p. 2481, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 3,

eff. Sept. 1, 1991.

Sec. 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 park board of trustees, county

parks board, commissioners court, or other administrative body

that the legislature may from time to time authorize, and provide

that the board or agency will have adequate authority to

administer an effective program of keeping clean the public

beaches within its jurisdiction;

(2) for the receipt by the city or county treasurer or other

officer exercising similar functions, if there is no city or

county treasurer, of all funds paid to the city or county under

this subchapter and provide for the proper safeguarding of the

funds by the officer, provide that the funds will be spent solely

for the purposes for which they are paid, and provide for the

repayment by the city or county of any funds lost or diverted

from the purposes for which paid;

(3) that the governing body of the city or county will make

reports as to amounts and categories of expenditures that the

land office may from time to time require;

(4) that entrance to all public beaches under the jurisdiction

of the governing body of the city or county is free of charge;

and

(5) for the establishment, maintenance, and administration of at

least one beach park by the city or county which meets the

minimum requirements of size and facilities available to the

public as determined by the land office.

Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 4,

eff. Sept. 1, 1991.

Sec. 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

use of facilities provided for the use and convenience of the

public.

Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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., p. 2482, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 5,

eff. Sept. 1, 1991.

Sec. 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 that are

made available the state share for cleaning and maintenance of

public beaches.

Acts 1977, 65th Leg., p. 2482, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 114, Sec. 6,

eff. Sept. 1, 1991.

Sec. 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 or county

not less than $20,000 to clean and maintain publ

State Codes and Statutes

State Codes and Statutes

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State Codes and Statutes

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