190 



county where such conduct is taking place, actions seeking either temporary or 

 permanent court orders or injunctions to prohibit any excavation, taking, remov- 

 ing, or carrying away any 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, in 

 violation of the provisions of this Act. 



Sec. 14. Whoever shall, for himself, or for or on behalf or or under the direction 

 of another person, or association of persons, corporate, or othervN^ise, excavate, 

 take, remove, or carry away any 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, 

 in violation of the provisions of this Act, shall be fined not less than $10 nor more 

 than $200. Each day's operation shall constitute a separate offense. 



Sec. 15. 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 said Rule is hereby suspended ; and that this Act 

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



Passed the Senate on September 6, 1969 : Teas 27, Nays 2 ; September 9, 1969, 

 Senate concurred in House amendment by a viva voce vote ; passed the 

 House on September 8, 1969, with amendment : Yeas 131, Nays 3. 



Approved Sept. 19, 1969. 



Effective Dec. 8, 1969, 90 days after date of adjoui-nment. 



Gulf Coast Counties — Beach Park Boards — Powers 



CHAPTER 20 ^ 



S. B. No. 19 



AN ACT Providing for the creation of beacli park boards in counties bordering on the Gulf 

 of Mexico ; providing certain exceptions ; describing the duties and powers of such boards ; 

 making this Act cumulative of all other acts relating to county parks ; providing for the 

 autonomy of city beach park boards ; providing for severability ; reiterating rights, 

 authority, and limitations delegated by Chapter 19, Acts of 56th Legislature, 2nd Called 

 Session, 1959, as amended ; and declaring an emergency 



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



Section 1. This Act shall apply to counties which are situated or border upon 

 the Gulf of Mexico and have within their boundaries beaches which are suitable 

 for park purposes. The suitability of such beaches for park purposes shall be con- 

 clusively established when the commissioners coui-t of any such county shall have 

 made a finding that a beach or beaches located within its boundaries but not 

 located within the boundaries of any incorporated city are suitable for park 

 purposes. 



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. 



Be it further provided, that nothing in this Act shall ever be construed to in- 

 terfere with, pre-empt, or in any other manner restrict or usurp the authority 

 of the General Land Office over state-owned beaches. 



Sec. 2. Any such county, for the purposes of improving, equipping, maintaining, 

 financing, and operating any such public park or parks, or any facilities owned 

 by such county, or to be acquired by such county, or to be managed by such county 

 under the terms of a written contract, may, after a favorable majority vote of 

 the qualified voters of the county voting at an election held on such proposition, 

 create a board to be designated "Beach Park Board of Trustees," hereinafter 

 sometimes in this Act referred to as the "board." Any such board shall have the 

 powers authorized in and shall perform the duties specified in this Act. Such 

 election shall be called by the commissioners court and notice thereof shall be 

 given in the manner provided by Chapter 1, Title 22. Revised Civil Statutes of 

 Texas, 1925, as amended. The ballots shall contain the following proiwsition : 

 "FOR Establishing a Beach Park Board of Trustees" and the contrary thereof. 



Sec. 3. The Beach Park Board of Trustees shall be composed of seven members 



5 Vernon's Ann. Civ. St. art 5415d — 3, §§ 1-11. 



