| H.J.R. No. 102 | ||
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| proposing a constitutional amendment to protect the right of the | ||
| public to access and use public beaches. | ||
| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article I, Texas Constitution, is amended by | ||
| adding Section 33 to read as follows: | ||
| Sec. 33. (a) In this section, "public beach" means a | ||
| state-owned beach bordering on the seaward shore of the Gulf of | ||
| Mexico, extending from mean low tide to the landward boundary of | ||
| state-owned submerged land, and any larger area extending from the | ||
| line of mean low tide to the line of vegetation bordering on the | ||
| Gulf of Mexico to which the public has acquired a right of use or | ||
| easement to or over the area by prescription or dedication or has | ||
| established and retained a right by virtue of continuous right in | ||
| the public under Texas common law. | ||
| (b) The public, individually and collectively, has an | ||
| unrestricted right to use and a right of ingress to and egress from | ||
| a public beach. The right granted by this subsection is dedicated | ||
| as a permanent easement in favor of the public. | ||
| (c) The legislature may enact laws to protect the right of | ||
| the public to access and use a public beach and to protect the | ||
| public beach easement from interference and encroachments. | ||
| (d) This section does not create a private right of | ||
| enforcement. | ||
| SECTION 2. This proposed constitutional amendment shall be | ||
| submitted to the voters at an election to be held November 3, 2009. | ||
| The ballot shall be printed to provide for voting for or against the | ||
| proposition: "The constitutional amendment to protect the right of | ||
| the public, individually and collectively, to access and use the | ||
| public beaches bordering the seaward shore of the Gulf of Mexico." | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.J.R. No. 102 was passed by the House on May | ||
| 11, 2009, by the following vote: Yeas 140, Nays 1, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.J.R. No. 102 was passed by the Senate on May | ||
| 27, 2009, by the following vote: Yeas 29, Nays 2. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| RECEIVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Secretary of State | ||