Oppose this legislation — Texas beaches should remain open to everyone
Among coastal states Texas is unique. The 1959 Texas Open Beaches Act, as well as timehonored common law and tradition in existence since long before 1959, provides that state beaches are open to the public. In 2009, 77 percent of voters chose to enshrine the Open Beaches Act into the Texas Constitution.
As former Texas land commissioners, we were proud to enforce that act. Unfortunately, public access to beaches may soon end if legislation filed in Austin passes into law.
Senate Bill 434, by Sen. Mayes Middleton of Galveston, would strip the authority of the General Land Office to define the boundaries of the public beach, and would allow the upland beachfront property owner to make that determination instead. The property owner could then deny access to the public beach easement that existed between the line of vegetation and the mean high tide mark.
That would then limit beachgoers’ access only to what is known as the “wet beach” — the area between the low tide and the high tide lines. When that area is washed by waves during periods of high tide, SB 434 would result in there being no beach at all for Texans to use.
If SB 434 passes, don’t be surprised if you show up at your favorite beach spot and you’re confronted with a fenced-off beach or “no trespassing” signs. To enjoy the beach during periods of high tide, you’d have to be prepared to drag your kids, your cooler and your gear through the shallow tidal waters.
The only remedy available to you then would be a lawsuit against the adjacent upland landowner. But who wants to bring their lawyer on a trip to the beach?
And beachfront property owners can’t claim ignorance of the public beach easement. Since 1986 they have received notice of the public beach easement in the documents they signed at closing.
Ironically, SB 434 doesn’t just hurt beachgoers; it hurts beachfront property owners as well. The Texas Constitution requires that public money be spent for a public purpose, so the General Land Office and local governments will be unable to spend money on improving property with no public access. There will be no beach renourishment projects, no beach cleanup and no maintenance in areas where property owners claim the beach has no public access easement.
In addition, it’s likely that boundary disputes will handicap developers of coastal property.
Please join us in opposing SB 434. Contact your state senators and representatives. (You can find their contact information at Texas Legislature Online at www.capitol.texas.gov.) Texas beaches should remain open to everyone.
Republican David Dewhurst, a former lieutenant governor of Texas, also served as state land commissioner from 1999 to 2003. Democrat Garry Mauro served as state land commissioner 1983 to 1989. Republican Jerry Patterson served as state land commissioner from 2003 to 2015.