188 



(c) This Act shall not apply to any island or peninsula that is not accessible 

 by public road or common carrier ferry facility, so long as such condition shall 

 exist. 



Sec. 2. Any person or association of persons, corporate or otherwise, violating 

 the provisions of this Act, shall be prosecuted in the county in which such public 

 beach is located. 



Sec. 3. For the purposes of this Act, "public beach" shall mean that area 

 extending from the line of mean low tide of 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 

 right in the public. 



Sec. 4. 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 ; passed the House 



on September 8, 1969 : Yeas 116, Nays 18. 

 Approved Sept. 19, 1969. 

 Effective Sept. 19, 1969. 



Gulf Coast and Public Beach Areas — Sand Removal— Permits, Etc. 



CHAPTER 19^ 



S. B. No. 18 



AN ACT Relating to permits for the excavation of sand, marl, gravel, or shell from islands 

 or peninsulas bordering on the Gulf of Mexico, or from land within 1500 feet of a public 

 beach ; providing certain exemptions ; providing for public notice ; defining "public 

 beach ;" providing for enforcement of injunctive remedies by the Attorney General and 

 other officials ; providing a penalty for violations ; and declaring an emergency 



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



Section. 1. The Legislature finds that the unregulated excavation, taking, 

 removing, or carrying away of sand, marl, gravel and shell from islands and 

 peninsulas bordering on the Gulf of Mexico and from the public beaches of this 

 state constitute a substantial interference with public enjoyment of Texas 

 beaches, a hazard to life and property. 



Sec 2. Any person or association of persons, corporate or otherwise, desiring 

 to excavate, take, remove, or carry away sand, marl, gravel, or shell from 

 any land located on any exposed island or peninsula bordering on the Gulf 

 of Mexico, or from land located within 1500 feet of any public beach of this 

 state, where such land is situated outside the boundaries of any incorporated 

 city, town or village, shall first make written application therefor to the com- 

 missioners court of the county in which such excavation, taking, removing, or 

 carrying away shall take place. 



Sec. 3. Such application shall set forth the name of the applicant ; the location 

 and dimensions of the proposed excavation ; the property interest or contractual 

 right which enables applicant to excavate, take, remove, or carry away sand, 

 marl, gravel, or shell ; and shall include certification by the county treasurer, 

 or if there be no county treasurer, other oflicial exercising similar authority, that 

 applicant has deposited a filing fee of $50. 



Sec. 4. Upon a finding that the proposed excavation, taking, removing or 

 carrying away would not create hazardous conditons or imperil lives or property 

 by exposing the island or peninsula or public beach to the ravages of storm 

 waters, the commissioners court may issue a permit to such applicant and it 

 shall be valid for six months from the date of issuance thereof. The decision of 

 the commissioners court shall be made with the advice and counsel of the 

 county engineer, in those counties where such oflBcial is employed by the com- 

 missioners court. 



Sec. 5. If the commissioners court shall refuse the permit, applicant may re- 

 cover his filing fee from the county treasurer, or if there be no county treasurer, 

 other ofiicial exercising similar authority. 



* Vernon's Ann. Civ. St, art. 5415g, §§ 1-14. 



