Tex. Codes » Natural Resources Code · TITLE 2. PUBLIC DOMAIN · SUBTITLE E. BEACHES AND DUNES · CHAPTER 61. USE AND MAINTENANCE OF PUBLIC BEACHES
Texas Codes

Tex. Nat. Res. Code § 61.001 (2026)

Definitions

✓ current as of May 2026
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Sec. 61.001. DEFINITIONS. In this chapter:

(1) "Commissioner" means the Commissioner of the General Land Office.

(2) "Construction" means causing or carrying out any building, bulkheading, filling, clearing, excavation, or any substantial improvement to land or the size of any structure.

(3) "Department" means the Parks and Wildlife Department.

(4) "Land office" means the General Land Office.

(4-a) "Launch" and "space flight activities" have the meanings assigned by Section 100A.001, Civil Practice and Remedies Code.

(5) "Line of vegetation" means the extreme seaward boundary of natural vegetation which spreads continuously inland.

(6) "Littoral owner" means the owner of land adjacent to the shore and includes a lessee, licensee, or anyone acting under the littoral owner's authority.

(7) "Local government" means a municipality, county, or any other political subdivision of the state.

(7-a) "Meteorological event" means atmospheric conditions or phenomena resulting in avulsion, erosion, accretion, or other impacts to the shoreline that alter the location of the line of vegetation.

(8) "Public beach" means any beach area, whether publicly or privately owned, extending inland from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired the right of use or easement to or over the area by prescription, dedication, presumption, or has retained a right by virtue of continuous right in the public since time immemorial, as recognized in law and custom. This definition does not include a beach that is not accessible by a public road or public ferry as provided in Section 61.021 of this code.

Acts 1977, 65th Leg., p. 2477, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 4, eff. June 7, 1991.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 152 (H.B. 2623), Sec. 1, eff. May 24, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 1086 (H.B. 3459), Sec. 1, eff. September 1, 2013.

SUBCHAPTER B. ACCESS TO PUBLIC BEACHES


Notes of Decisions
Cited in 19 cases (4 in the last 5 years), 1984–2026 · leading case: Severance v. Patterson, 370 S.W.3d 705 (Tex. 2012).
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Severance v. Patterson, 370 S.W.3d 705 (Tex. 2012). · cites it 8× “” Tex. Nat. Res.Code § 61.001(5) (emphasis added).”
Severance v. Patterson, 345 S.W.3d 18 (Tex. 2011). · cites it 10× “" TEX. NAT. RES.CODE § 61.001(5) (emphasis added).”
Cameron Cnty. v. Velasquez, 668 S.W.2d 776 (Tex. App. 1984). · cites it 2× “TEX.NAT.RES.CODE ANN. § 61.001(5) (Vernon 1978) defines beach as follows: (5) "Public beach" means any beach area, whether publicly or privately owned, extending inland from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public…”
Town of Palm Valley v. Johnson, 17 S.W.3d 281 (Tex. App. 2000). · cites it 2× “Section five of that act, as then codified, stated: The Attorney General, any County Attorney, District Attorney, or Criminal District Attorney of the State of Texas is hereby authorized and empowered, and it shall be his, or their duty to file.”
Cummins v. Travis Cnty. Water Control & Improvement Dist. No. 17, 175 S.W.3d 34 (Tex. App. 2005). “While we recognize that “littoral” is the precise term to describe water rights in relation to lakefront properties, the above cases make clear that the nature of littoral rights is parallel to that of riparian rights.”
Arrington v. Texas Gen. Land Off., 38 S.W.3d 764 (Tex. App. 2001). “See Tex. Nat. Res.Code Ann. §§ 61.001(8) (defining "public beach” generally); 61.”
Matcha v. Mattox on Behalf of People, 711 S.W.2d 95 (Tex. App. 1986). “See Tex. Nat.Res.Code Ann. § 61.001 et seq. (1978 & Supp.”
Town of South Hero v. Wood, 2006 VT 28 (Vt. 2006). “2, 109 (quoting Tex. Nat. Res. Code Ann. § 61.001 (2) (Vernon 1978)).”
Severance v. Patterson, 485 F. Supp. 2d 793 (S.D. Tex. 2007). “” Tex. Nat. Res.Code Ann. § 61.001(5). 2 . Available at http:/ /www.”
Larry Mark Polsky, Esq. v. Sheriff Eric Garza & Cameron Cnty. (Tex. App. 2023). · cites it 2× “TEX. NAT. RES. CODE ANN. § 61.001. III. STANDARD OF REVIEW When a county undertakes the permitting or licensing of SOBs, it does so in an administrative capacity.”
Larry Mark Polsky, Esq. v. Sheriff Omar Lucio & Cameron Cnty. (Tex. App. 2020). “2012) (citing TEX. NAT. RES. CODE ANN. § 61.001(8)). The area from mean low tide to mean high tide is known as the “wet beach” while the area from mean high tide to the vegetation line is known as the “dry beach.”
Cameron Cnty. Judge Eddie Trevino, in His Off. Capacity, & Cameron Cnty. v. Thomas R. Tepper (Tex. App. 2023). “” TEX. NAT. RES. CODE ANN. § 61.001(5). 2 construction of a 200-foot-wide by 16-foot-high storm dune and a 30-foot-wide buffer zone.”
Show all 19 citing cases →
Tex. Nat. Res. Code § 61.001(5): 6 cases
Cameron Cnty. v. Velasquez, 668 S.W.2d 776 (Tex. App. 1984). “TEX.NAT.RES.CODE ANN. § 61.001(5) (Vernon 1978) defines beach as follows: (5) "Public beach" means any beach area, whether publicly or privately owned, extending inland from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public…”
Severance v. Patterson, 370 S.W.3d 705 (Tex. 2012). “” Tex. Nat. Res.Code § 61.001(5) (emphasis added).”
Severance v. Patterson, 345 S.W.3d 18 (Tex. 2011). “" TEX. NAT. RES.CODE § 61.001(5) (emphasis added).”
Severance v. Patterson, 485 F. Supp. 2d 793 (S.D. Tex. 2007). “” Tex. Nat. Res.Code Ann. § 61.001(5). 2 . Available at http:/ /www.”
Cameron Cnty. Judge Eddie Trevino, in His Off. Capacity, & Cameron Cnty. v. Thomas R. Tepper (Tex. App. 2023). “” TEX. NAT. RES. CODE ANN. § 61.001(5). 2 construction of a 200-foot-wide by 16-foot-high storm dune and a 30-foot-wide buffer zone.”
Tex. Nat. Res. Code § 61.001(8): 5 cases
Severance v. Patterson, 370 S.W.3d 705 (Tex. 2012). “” Tex. Nat. Res.Code § 61.001(5) (emphasis added).”
Severance v. Patterson, 345 S.W.3d 18 (Tex. 2011). “" TEX. NAT. RES.CODE § 61.001(5) (emphasis added).”
Arrington v. Texas Gen. Land Off., 38 S.W.3d 764 (Tex. App. 2001). “See Tex. Nat. Res.Code Ann. §§ 61.001(8) (defining "public beach” generally); 61.”
Larry Mark Polsky, Esq. v. Sheriff Omar Lucio & Cameron Cnty. (Tex. App. 2020). “2012) (citing TEX. NAT. RES. CODE ANN. § 61.001(8)). The area from mean low tide to mean high tide is known as the “wet beach” while the area from mean high tide to the vegetation line is known as the “dry beach.”
Sheffield v. Bush (S.D. Tex. 2022).
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