Proposed Senate bill raises concerns over public access to Texas beaches

CORPUS CHRISTI, Texas — A Coastal Bend group is raising concern about a proposed Texas Senate bill being considered that they claim would threaten residents rights to access Texas beaches in some spots. It’s called Senate Bill 434. 

Currently, the Texas Open Beaches Act allows the public to have free and an unrestricted access to beaches along the Gulf Coast. 

According to the Surfrider Foundation co-chair Cliff Schlabach, the proposed legislation could jeopardize the future of public beaches. 

“That is something we do not want in this state and we are not going to tolerate it,” he said.

The bill is sponsored by Senator Mayes Middleton of Galveston (R) and relates to lawsuits involving public beach easement.

“If a landowner who owns private property that faces the Gulf of Mexico, if he decides to go to court and challenge the public right to use the beach in front of his property, the public has to prove they have that right,” Schlabach said.

Corpus Christi surfer and Surfrider Foundation member Tommy Shilts said the passage of the bill could chip away at the Texas Open Beaches Act and opens the door for beach privatization. 

“In Florida, you could be sitting on the sand with family with beach chairs, police could come up to you and say ‘a property owner called and said you are trespassing.’ It sounds crazy but we’ve seen that happen in other states where this kind of legislation is passed,” he said. 

As of Friday, a petition against the bill on the Surfrider Foundation’s website has over 800 signatures. Schlabach said he has also reached out to local state representatives and senators as well as the Texas General Land Office.

On Friday, 3NEWS spoke by phone with Senator Mayes Middleton from Austin to discuss the purpose behind the bill.

He said it is intended to protect private property owners along the coast against the state and hurdles faced during the re-building process following major storms like hurricanes.

“It’s a fundamental fairness bill, pro-private property rights bill and it does not repeal the Open Beaches Act in any way because Open Beaches, that is an easement that is earned through continuous use by the public this doesn’t change that,” he said.

The senator also said the bill has the support of the city of Galveston and contends it does not negatively impact the Open Beaches Act despite the arguments of the Surfrider Foundation.

if passed, the bill would go into effect September 1st.

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