187 



Sec. 11. For the purposes of this Act : 



(a) "Department" shall mean the Parks ami Wildlife Department. 



(b) "Public beach" shall mean that beach area, whether publicly or privately 

 owned to which the public has acquired the right of access, either by prescription, 

 dedication, or by vii-tue of the right of continuous use, including but not limited 

 to that area extending from the line of mean low tide on 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 shall be nearer the line of mean low 

 tide, in the event the public has acquired a right of use or easement to or over 

 such area by prescription, dedication, or has retained a right by virtue of 

 continuous use. 



(c) "Clean and maintain" shall refer to the collection and removal of litter and 

 debris, and to the elimination of sanitary and safety conditions which would 

 pose a threat to personal health or safety if not removed or otherwise cor- 

 rected. The phrase "clean and maintain" may also be construed as permitting but 

 not requiring the removal of driftwood or seaweed in instances that such ma- 

 terial constitutes a public nuisance. The cleaning and maintaining of public 

 beaches shall never be construed to refer to protection against erosion, the 

 replacing of sand, or the rebuilding of structures. 



Sec. 12. Nothing in this Act shall apply to any beach area not bordering on 

 the Gulf of Mexico. This Act shall not apply to any island or peninsula that is 

 not accessible by a public road or common carrier ferry facility, so long as such 

 condition shall exist. 



Sec. 13.* In the event any one or more of the sections or provisions of this Act, 

 or the application of such sections or provisions to any situation, circumstances, 

 or person, shall for any reason be held to be unconstitutional, such uncon- 

 stitutionality shall not affect any other sections or provisions of this Act, or 

 the application of such sections or provisions to any situation, circumstances, 

 or persons, and it is intended that this Act shall be construed as if such sections 

 or provisions had not been included herein for any constitutional application. 



Sec. 14. The importance of this legislation and the crowded condition of the 

 calendars in both Houses create an emergency and an imperative public necessity 

 that the Constitutional Rule requiring bills to be read on three several days in 

 each House be suspended, and this Rule is hereby suspended ; and that this Act 

 take effect and be in force from and after its passage, and it is so enacted. 



Passed the Senate on September 6, 1969: Yeas 29, Nays 0; September 9, 

 1969, Senate concurred in House amendments ; Yeas 26, Nays ; passed 

 the House on September 8, 1969, with amendments : Yeas, 140, Nays 0. 



Approved Sept. 19, 1969. 



EfCective Sept. 19, 1969. 



Public Beaches — Denial op Access By Posting, etc. — Penalty 

 CHAPTER 18 ^^ 

 S. B. No. 17 



AN ACT Providing for the imposition of criminal penalties for the display of any com- 

 munication at any public beach v.?hich states that the public does not have the right of 

 access to such public beach ; providing certain exemptions ; providing for venue ; defialng 

 "public beach" ; and declaring an emergency 



Be it enacted hy the Legislature of the State of Texas: 



Section 1. (a) Any person or association of persons, corporate or otherwise, 

 who shall display or cause to be displayed, on any public beach any sign, marker, 

 w^arning, or who shall make or cause to be made any other communication, 

 written or oral, which states that such public beach is private property or in any 

 other manner states that the public does not have the right of access to such 

 public beach, in violation of the lawful access rights of the public guaranteed by 

 Article 5415d, Revised Civil Statutes of Texas, shall be fined not less than 

 $10 nor more than $200. 



(b) Each day that such communication is made shall constitute a separate 

 offense. 



3 Vernon's Ann. Civ. St. art. 5415—1 note, 

 sa Vernon's Ann. Civ. St. art. 5415d-2, §§ 1-3. 



