TX NATURAL RESOURCES CODE
SUBTITLE B. SURVEYS AND SURVEYORS
CHAPTER 62. BEACH PARK BOARD OF TRUSTEES
SUBCHAPTER A. GENERAL PROVISIONS
§ 62.001. APPLICABILITY.
(a) The provisions of this
chapter apply to counties that are located or border on the Gulf of
Mexico and have within their boundaries beaches that are suitable
for park purposes. The suitability of a beach for park purposes is
established conclusively when the commissioners court of the county
makes a finding that the beach located within its boundaries, but
not located within the boundaries of an incorporated city, is
suitable for park purposes.
(b) As long as an island or peninsula is not accessible by a
public road or common carrier ferry facility, the provisions of
this chapter do not apply to that island or peninsula.
(c) The provisions of this chapter do not interfere with,
preempt, or in any manner restrict or usurp the authority of the
land office over state-owned beaches.
(d) The provisions of this chapter do not prohibit the
creation of, or limit the lawful actions of, a beach park board of
trustees of a home-rule city as provided in Chapter 306, Local
(e) The provisions of this chapter do not permit any
interference with the right the public has under the provisions of
Subchapter B of Chapter 61 of this code to the free and unrestricted
use of, and to ingress and egress to, the area bordering on the Gulf
of Mexico from mean low tide to the line of vegetation, as that term
is defined in Subsection (2), Section 61.001 of this code. A
county, county official, or anyone acting under the authority of
this chapter may not exercise any authority, contract out a right to
exercise authority, or otherwise delegate authority beyond that
specifically granted to it in Sections 61.122 through 61.128 of
this code over that area notwithstanding any of the specific
provisions of this chapter. The rights established in Subchapters
B and D of Chapter 61 of this code are paramount over the rights or
interests that might otherwise be created by the provisions of this
chapter, and nothing in this chapter encroaches on those rights or
upon land, or interests in land, that may ultimately be held subject
to those rights.
Acts 1977, 65th Leg., p. 2492, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1987, 70th Leg., ch. 149, § 39, eff. Sept.
§ 62.002. DEFINITION.
In this chapter, "board" means the
Beach Park Board of Trustees.
Acts 1977, 65th Leg., p. 2493, ch. 871, art. I, § 1, eff. Sept. 1,