Texas Constitution:Article I, Section 33 - Revision history

Admin at 20:56, October 29, 2025

2025-10-29T20:56:35Z

← Older revision		Revision as of 15:56, October 29, 2025
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	{{DISPLAYTITLE:Article I, Section 33 of the Texas Constitution (''<small>"Public Access to and Use of Public Beaches"</small>'')}}{{Texas Constitution\|text=Added November 3, 2009:		{{DISPLAYTITLE:Article I, Section 33 of the Texas Constitution (''<small>"Public Access to and Use of Public Beaches"</small>'')}}{{Texas Constitution\|text=Added November 3, 2009:

	'''(a) In this section, "public beach" means a ~~state~~-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of ~~state~~-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.'''		'''(a) In this section, "public beach" means a State-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of State-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.'''

	'''(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.'''		'''(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.'''
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	\|seo_title=Article I, Section 33 of the Texas Constitution ("Public Access to and Use of Public Beaches")		\|seo_title=Article I, Section 33 of the Texas Constitution ("Public Access to and Use of Public Beaches")
	\|seo_keywords=Article 1 Section 33, Texas Bill of Rights, ~~open beaches act~~		\|seo_keywords=Article 1 Section 33, Texas Bill of Rights, Texas Open Beaches Act
	\|seo_description=The purpose of this section is to elevate to constitutional status the core substance of the Texas Open Beaches Act.		\|seo_description=The purpose of this section is to elevate to constitutional status the core substance of the Texas Open Beaches Act.
	\|seo_image_alt=Texas Bill of Rights		\|seo_image_alt=Texas Bill of Rights

Admin: Undo revision 9144 by Admin (talk)

2025-10-29T20:52:19Z

Undo revision 9144 by Admin (talk)

← Older revision		Revision as of 15:52, October 29, 2025
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	{{DISPLAYTITLE:Article I, Section 33 of the Texas Constitution (''<small>"Public Access to and Use of Public Beaches"</small>'')}}{{Texas Constitution\|text=Added November 3, 2009:		{{DISPLAYTITLE:Article I, Section 33 of the Texas Constitution (''<small>"Public Access to and Use of Public Beaches"</small>'')}}{{Texas Constitution\|text=Added November 3, 2009:

	(a) In this section, "public beach" means a ~~State~~-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of ~~State~~-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.		'''(a) In this section, "public beach" means a state-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of state-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.'''

	(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.		'''(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.'''

	(c) The Legislature may enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments.		'''(c) The Legislature may enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments.'''

	(d) This section does not create a private right of enforcement.		'''(d) This section does not create a private right of enforcement.'''

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Admin at 20:51, October 29, 2025

2025-10-29T20:51:37Z

← Older revision		Revision as of 15:51, October 29, 2025
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	{{DISPLAYTITLE:Article I, Section 33 of the Texas Constitution (''<small>"Public Access to and Use of Public Beaches"</small>'')}}{{Texas Constitution\|text=Added November 3, 2009:		{{DISPLAYTITLE:Article I, Section 33 of the Texas Constitution (''<small>"Public Access to and Use of Public Beaches"</small>'')}}{{Texas Constitution\|text=Added November 3, 2009:

	~~'''~~(a) In this section, "public beach" means a ~~state~~-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of ~~state~~-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.~~'''~~		(a) In this section, "public beach" means a State-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of State-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.

	~~'''~~(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.~~'''~~		(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.

	~~'''~~(c) The Legislature may enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments.~~'''~~		(c) The Legislature may enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments.

	~~'''~~(d) This section does not create a private right of enforcement.~~'''~~		(d) This section does not create a private right of enforcement.

	\|editor=		\|editor=

Admin at 21:10, May 30, 2024

2024-05-30T21:10:19Z

← Older revision		Revision as of 16:10, May 30, 2024
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	{{DISPLAYTITLE:Article I, Section 33 of the Texas Constitution (''<small>"Public Access to and Use of Public Beaches"</small>'')}}{{Texas Constitution\|text=Added November 3, 2009:		{{DISPLAYTITLE:Article I, Section 33 of the Texas Constitution (''<small>"Public Access to and Use of Public Beaches"</small>'')}}{{Texas Constitution\|text=Added November 3, 2009:

	(a) In this section, "public beach" means a state-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of state-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.		'''(a) In this section, "public beach" means a state-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of state-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.'''

	(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.		'''(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.'''

	(c) The Legislature may enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments.		'''(c) The Legislature may enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments.'''

	(d) This section does not create a private right of enforcement.		'''(d) This section does not create a private right of enforcement.'''

	\|editor=		\|editor=

Admin at 21:07, May 30, 2024

2024-05-30T21:07:19Z

← Older revision		Revision as of 16:07, May 30, 2024
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	{{DISPLAYTITLE:Article I, Section 33 of the Texas Constitution (''<small>"Public Access to and Use of Public Beaches"</small>'')}}{{Texas Constitution\|text=Added November 3, 2009:		{{DISPLAYTITLE:Article I, Section 33 of the Texas Constitution (''<small>"Public Access to and Use of Public Beaches"</small>'')}}{{Texas Constitution\|text=Added November 3, 2009:

	~~'''~~(a) In this section, "public beach" means a state-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of state-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.~~'''~~		(a) In this section, "public beach" means a state-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of state-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.

	~~'''~~(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.~~'''~~		(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.

	~~'''~~(c) The Legislature may enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments.~~'''~~		(c) The Legislature may enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments.

	~~'''~~(d) This section does not create a private right of enforcement.~~'''~~		(d) This section does not create a private right of enforcement.

	\|editor=		\|editor=

Admin at 14:06, July 20, 2023

2023-07-20T14:06:05Z

← Older revision		Revision as of 09:06, July 20, 2023
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	{{DISPLAYTITLE:Article I, Section 33 of the Texas Constitution (''<small>"Public Access to and Use of Public Beaches"</small>'')}}{{Texas Constitution\|text=Added November 3, 2009:		{{DISPLAYTITLE:Article I, Section 33 of the Texas Constitution (''<small>"Public Access to and Use of Public Beaches"</small>'')}}{{Texas Constitution\|text=Added November 3, 2009:

	'''(a) In this section, "public beach" means a ~~State~~-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of ~~State~~-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.'''		'''(a) In this section, "public beach" means a state-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of state-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.'''

	'''(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.'''		'''(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.'''

Admin at 21:38, July 12, 2023

2023-07-12T21:38:35Z

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	According to available legislative history, the purpose of this section ~~was~~ to elevate to constitutional status the core substance of the [https://statutes.capitol.texas.gov/Docs/NR/pdf/NR.61.pdf Texas Open Beaches Act].		According to available legislative history, the purpose of this section is to elevate to constitutional status the core substance of the [https://statutes.capitol.texas.gov/Docs/NR/pdf/NR.61.pdf Texas Open Beaches Act].

	\|recent=		\|recent=
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	\|seo_title=Article I, Section 33 of the Texas Constitution ("Public Access to and Use of Public Beaches")		\|seo_title=Article I, Section 33 of the Texas Constitution ("Public Access to and Use of Public Beaches")
	\|seo_keywords=Article 1 Section 33, Texas Bill of Rights, open beaches act		\|seo_keywords=Article 1 Section 33, Texas Bill of Rights, open beaches act
	\|seo_description=The purpose of this section ~~was~~ to elevate to constitutional status the core substance of the Texas Open Beaches Act.		\|seo_description=The purpose of this section is to elevate to constitutional status the core substance of the Texas Open Beaches Act.
	\|seo_image_alt=Texas Bill of Rights		\|seo_image_alt=Texas Bill of Rights

Admin at 21:37, July 12, 2023

2023-07-12T21:37:31Z

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	According to available legislative history, the purpose of this section was to elevate to constitutional status the core substance of the [https://statutes.capitol.texas.gov/Docs/NR/pdf/NR.61.pdf Texas Open Beaches Act].		According to available legislative history, the purpose of this section was to elevate to constitutional status the core substance of the [https://statutes.capitol.texas.gov/Docs/NR/pdf/NR.61.pdf Texas Open Beaches Act].

	~~\|other=~~

	~~None.~~

	\|recent=		\|recent=
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	\|seo_title=		\|seo_title=Article I, Section 33 of the Texas Constitution ("Public Access to and Use of Public Beaches")
	\|seo_keywords=		\|seo_keywords=Article 1 Section 33, Texas Bill of Rights, open beaches act
	\|seo_description=		\|seo_description=The purpose of this section was to elevate to constitutional status the core substance of the Texas Open Beaches Act.
	\|seo_image_alt=Texas Bill of Rights		\|seo_image_alt=Texas Bill of Rights

Admin at 17:05, July 3, 2023

2023-07-03T17:05:46Z

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			\|seo_description=
			\|seo_image_alt=Texas Bill of Rights

	}}		}}

imported>Admin at 01:31, January 8, 2023

2023-01-08T01:31:23Z

New page

{{DISPLAYTITLE:Article I, Section 33 of the Texas Constitution (''<small>"Public Access to and Use of Public Beaches"</small>'')}}{{Texas Constitution|text=Added November 3, 2009:

'''(a) In this section, "public beach" means a State-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of State-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.'''

'''(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.'''

'''(c) The Legislature may enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments.'''

'''(d) This section does not create a private right of enforcement.'''

|editor=

According to available legislative history, the purpose of this section was to elevate to constitutional status the core substance of the [https://statutes.capitol.texas.gov/Docs/NR/pdf/NR.61.pdf Texas Open Beaches Act].

|other=

None.

|recent=

* ''Severance v. Patterson'', 370 S.W.3d 705, [https://scholar.google.com/scholar_case?case=9692951723638495079#p708 708-09] (Tex. 2012) ("Oceanfront beaches change every day. . . . Under the common law, the State's right to submerged land, including the wet beach, is firmly established, regardless of the water's incursion onto previously dry land. In contrast, the State has provided no indication that the common law has given the State an easement that rolls or springs onto property never previously encumbered. There are policies that favor and disfavor the right the State claims, but the right cannot be found in the law. The law allows the State to prove an easement as would anyone else.")

|historic=

None.

}}

[[Category:Texas Bill of Rights]]
[[Category:Natural Resources Law]]
[[Category:TxCon ArtI Sec]]