Sec. 61.0183. REMOVAL OF CERTAIN STRUCTURES, IMPROVEMENTS, OBSTRUCTIONS, BARRIERS, AND HAZARDS ON PUBLIC BEACH. (a) The commissioner may order the removal of a structure, improvement, obstruction, barrier, or hazard from a public beach if the commissioner finds the structure, improvement, obstruction, barrier, or hazard to be on the public beach as defined by Section 61.013(c) and:
(1) the structure, improvement, obstruction, barrier, or hazard was constructed or placed on the beach in a manner that is inconsistent with the local government's beach access and use plan; or
(2) the structure, improvement, obstruction, or barrier constitutes an imminent hazard to safety, health, or public welfare.
(b) The decision to remove a structure, improvement, obstruction, barrier, or hazard under this section is discretionary with the commissioner. This section does not impose a duty on the state to remove a structure, improvement, obstruction, barrier, or hazard or to remedy or warn of a hazardous condition on the public beach.
(c) The commissioner may contract for the removal and disposal of a structure, improvement, obstruction, barrier, or hazard under this section and may pay the costs of removal from money appropriated by the legislature.
Added by Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 13, eff. September 1, 2007.
Structure Texas Statutes
Subtitle E - Beaches and Dunes
Chapter 61 - Use and Maintenance of Public Beaches
Subchapter B. Access to Public Beaches
Section 61.011. Policy and Rules
Section 61.014. Denial of Access by Posting
Section 61.015. Beach Access and Use Plans
Section 61.016. Boundaries for Areas With No Marked Vegetation Line
Section 61.017. Line of Vegetation Unaffected by Certain Conditions
Section 61.0171. Temporary Suspension of Line of Vegetation Determination
Section 61.0181. Administrative Penalty
Section 61.0182. Enforcement Provisions Cumulative
Section 61.0184. Notice Requirements; Orders and Hearings
Section 61.0185. Temporary Suspension of Submission of Requests That Attorney General File Suit
Section 61.019. Declaratory Judgment Suits
Section 61.020. Prima Facie Evidence
Section 61.021. Area Not Covered by Subchapter
Section 61.0211. State or National Park Covered by Subchapter
Section 61.022. Government Agencies and Subdivisions
Section 61.023. Effect on Land Titles and Property Adjacent to and on Beaches
Section 61.024. Effect of Subchapter on Definition of Public Beach