193 



outstanding which refunding bonds shall be issued, approved as to legality 

 by the Attorney General of Texas, and registered by the Comptroller of Public 

 Accounts of Texas, in the manner and upon the terms and conditions pre- 

 scribed for the issuance of original I'e venue bonds herein, such refunding 

 bonds to bear interest at a rate or rates not exceeding that herein provided 

 for the original bonds ; 



(o) To enter into contracts with adjacent counties, with Beach Park 

 Boards in adjacent counties, and with Beach Park Boards in any city of 

 the same county as the board, to accomplish any of the purposes authorized 

 by this Act ; 



(p) To charge and collect a reasonable fee for access or entrance to, or 



parking upon, any lands under its jurisdiction other than public beaches 



owned by the county, or for the use of any facility located on land under 



the jurisdiction of the board. 



Sec. 8. The board shall have no jurisdiction over any public beach situated 



within the boundaries of such county which has been designated a national park, 



national seashore, or state park. 



Sec. 9. This Act shall be cumulative of all other laws relating to county parks 

 but this Act shall take precedence in the event of conflict. Specifically, the powers 

 and authorities of the Beach Park Board of Trustees preempts the right of the 

 county Board of Park Commissioners to act with regard to any beach, park, 

 or facility within the jurisdiction of the Beach Park Board of Trustees. 



Sec. 10. The provisions of this Act shall not be construed as prohibiting the 

 creation of, or limiting the lawful actions of, any Beach Park Board of Trustees 

 of any home-rule city as provided for in Article 6081g- — 1, Vernon's Texas Civil 

 Statutes. 



Sec. 11. Nothing in this Act shall be construed to permit any interference what- 

 soever with any right the public might otherwise have under the provisions of 

 Chapter 19, Acts of the 56th Legislature, 2nd Called Session, 1959, as amended 

 (Article 5415d, Vernon's Texas Civil Statutes), 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 Chapter 19, Acts 

 of the 56th Legislature, 2nd Called Session, 1959, as amended (Article 5415d, 

 Vernon's Texas Civil Statutes), and such rights in the public shall persist as if 

 this Act had not been passed. No county nor county officials nor anyone acting 

 under authority of this Act shall exercise any authority, contract out any right 

 to exercise authority or otherwise delegate authority beyond that specifically 

 granted to it in Section 8 of Chapter 19, Acts of the 56th Legislature, 2nd Called 

 Session, 1959, as amended (x^irticle 5415d, Vernon's Texas Civil Statutes), over 

 such area notwithstanding any of the specific provisions of this Act. It is the 

 intent of the Legislature in passing this Act that the rights established or 

 recognized in Chapter 19, Acts of the 56th Legislature, 2nd Called Session, 1959, 

 as amended (Article 5415d, Vernon's Texas Civil Statutes), are to be paramount 

 over any rights or interests which might otherwise be deemed created by this Act, 

 and nothing herein shall trench upon those rights nor encroach upon lands, or 

 interests in land, which may ultimately be held subject to those rights. 



Sec. 12." 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 unconstitu- 

 tionality shall not affect any other sections or provisions of this Act or the 

 application of such sections or provisions to any other 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. 13. 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 132, Nays 8. 

 Approved Sept. 19, 1969. 

 Effective Sept. 19, 1969. 



6 Vernon's Ann. Civ. St. art. 5415d-3 note. 



