Tex. Nat. Res. Code § 61.020 · Subchapter B. ACCESS TO PUBLIC BEACHES
PRIMA FACIE EVIDENCE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In a suit or administrative proceeding brought or defended under this subchapter or whose determination is affected by this subchapter, a showing that the area in question is located in the area from mean low tide to the line of vegetation is prima facie evidence that:
(1) the title of the littoral owner does not include the right to prevent the public from using the area for ingress and egress to the sea; and
(2) there is imposed on the area a common law right or easement in favor of the public for ingress and egress to the sea.
(b) The determination of the location of the line of vegetation by the commissioner as provided by Sections 61.016 and 61.017 constitutes prima facie evidence of the landward boundary of the area subject to the public easement until a court adjudication establishes the line in another place.
Notes and commentary — not statutory text
History
Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 11, eff. June 7, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 14, eff. September 1, 2007.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/NR/htm/NR.61.htm
- Text hash
- sha256 0dd5b003ec864b5d9f08031ae13b12d85dc0c1f62a17788b8a47430175475e38
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.