According to the Texas General Land Office (GLO), walking on the beach has been a privilege in Texas since it's been a Republic.
"In Texas, public access to Gulf Coast beaches is not just the law. It is a constitutional right," written on its website.
Under the Texas Open Beaches Act (TOBA), the public has the free and unrestricted right to access Texas beaches.
This Might Change
The Texas Senate Natural Resources & Economic Development Committee gathered on Feb. 15 to discuss civil remedies, liabilities, coastal affairs, and beaches.
The bill is authored by Senator Mayes Middleton of Galveston (R) and relates to lawsuits involving public beach easement. Middleton responded with a comment on 3 News in Corpus Christi, explaining the reason behind the bill.
In a phone interview with 3 News, Middleton clarified the bill's purpose and claimed it did not repeal or affect the TOBA in any way.
"It's just a fundamental fairness bill. It's a pro-private property rights bill, and it does not repeal the open beaches act in any way. That is an easement earned through continuous use by the public. This doesn't change that."
Middleton did not disclose how the bill would not repeal or affect the TOBA or how the burden of proof outweighs the Texas Constitution and the public's right to free beaches.
The Texas Coastal Bend Surfrider Foundation, a non-profit dedicated to plastic reduction, ocean protection, beach access, and petitioned against the bill.
The co-chair Cliff Schlabach described the proposal as challenging the right to use any beaches in front of beachfront property.
"If a landowner who owns private property that faces the Gulf of Mexico, if he decides to go to court and challenge the public right to use the beach in front of his property, the public has to prove they have that right," Schlabach said.
It is unclear whether the property owners own the sand or are held responsible by the GLO for rebuilding their dunes.
If passed, the bill would go into effect on Sept. 1.
[Island Matters is following SB 434 and its sister bill HB 3114]
