Texas Codes

Tex. Nat. Res. Code § 61.018 (2026)

Enforcement

✓ current as of May 2026

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Sec. 61.018. ENFORCEMENT. (a) Except as provided by Subsection (a-1), any county attorney, district attorney, or criminal district attorney, or the attorney general at the request of the commissioner, shall file in a district court of Travis County, or in the county in which the property is located, a suit to obtain either a temporary or permanent court order or injunction, either prohibitory or mandatory, to remove or prevent any improvement, maintenance, obstruction, barrier, or other encroachment on a public beach, or to prohibit any unlawful restraint on the public's right of access to and use of a public beach or other activity that violates this chapter.

(a-1) A county attorney, district attorney, or criminal district attorney or the attorney general may not file a suit under Subsection (a) to obtain a temporary or permanent court order or injunction, either prohibitory or mandatory, to remove a house from a public beach if:

(1) the line of vegetation establishing the boundary of the public beach moved as a result of a meteorological event that occurred before January 1, 2009;

(2) the house was located landward of the natural line of vegetation before the meteorological event;

(3) a portion of the house continues to be located landward of the line of vegetation; and

(4) the house is located on a peninsula in a county with a population of more than 315,000 and less than 351,000 that borders the Gulf of Mexico.

(a-2) The owner of a house described by Subsection (a-1) may repair or rebuild the house if the house was damaged or destroyed by the meteorological event.

(a-3) Notwithstanding Subsection (a-1), a county attorney, district attorney, or criminal district attorney or the attorney general may file a suit under Subsection (a) to obtain a temporary or permanent court order or injunction, either prohibitory or mandatory, to remove a house described by Subsection (a-1) from a public beach if the house was damaged or destroyed by the meteorological event and the owner of the house fails to repair or rebuild the house before September 1, 2013.

(b) In the same suit, the attorney general, the commissioner, county attorney, district attorney, or criminal district attorney may recover penalties and the costs of removing any improvement, obstruction, barrier, or other encroachment if it is removed by public authorities pursuant to an order of the court or a removal order issued by the commissioner as provided by Section 61.0183.

(c) A person who violates this chapter or a removal order issued by the commissioner as provided by Section 61.0183 is liable for a civil penalty of not less than $50 nor more than $2,000. Each day the violation occurs or continues is a separate violation.

(d) Any county attorney, or the attorney general at the request of the commissioner, may bring a suit for a declaratory judgment to try any issue affecting the public's right of access to or use of the public beach.

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. 10, eff. June 7, 1991; Acts 2003, 78th Leg., ch. 245, Sec. 3, eff. June 18, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 12, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1417 (H.B. 770), Sec. 1, eff. January 1, 2010.

Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 106, eff. September 1, 2011.

Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 203, eff. September 1, 2023.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1989–2026 · leading case: Angela Mae Brannan, Individually & as Indep. of the Est. of Bob Albert Brannan v. State, 365 S.W.3d 1 (Tex. App. 2010).

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Angela Mae Brannan, Individually & as Indep. of the Est. of Bob Albert Brannan v. State, 365 S.W.3d 1 (Tex. App. 2010). · cites it 5× “See Tex. Nat. Res Code Ann. § 61.018 (Vernon Supp.”

Severance v. Patterson, 566 F.3d 490 (5th Cir. 2009). “The Officials' enforcement of a public easement *501 prevents her from lawfully excluding the public from her land, TEX. NAT. RES.CODE ANN. § 61.014(b), and subjects her to stiff financial penalties if she violates these restrictions, TEX.”

Severance v. Patterson, 370 S.W.3d 705 (Tex. 2012). “Tex. Nat. Res.Code § 61.018(b). However, the statute provides for recovery of those penalties only in conjunction with an action to obtain an injunction to remove or prevent the construction of structures on the beach.”

Sonwalkar v. St. Luke's Sugar Land P'ship, L.L.P., 394 S.W.3d 186 (Tex. App. 2012). “47 (a) (West 2011) (Deceptive Trade Practices Act— consumer protection division has reason to believe person is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by Act); Tex. Nat. Res. Code Ann. § 61.018 (a) (West 2011) (Open…”

Exec. Condos., Inc. v. State, 764 S.W.2d 899 (Tex. App. 1989). · cites it 2× “Tex.Nat.Res.Code Ann. § 61.018 (Vernon 1978).”

De La Cruz v. Brown, 109 S.W.3d 73 (Tex. App. 2003). “2003)(penalty for violations of Chapter 101 of Insurance Code); Tex.Nat. Res.Code Ann. § 61.018 (Vernon 2001)(penalty for violations of Chapter 61 of Natural Resources Code); Tex.”

Severance v. Patterson, 485 F. Supp. 2d 793 (S.D. Tex. 2007). “In 1999, the Land Commissioner identified the Bermuda Beach and Kennedy homes as completely or partially seaward of the vegetation line and referred them to the Attorney General for possible enforcement, but the Attorney General decided not to file an enforcement action at that…”

Arrington v. Mattox Ex Rel. People, 767 S.W.2d 957 (Tex. App. 1989). “The court further found that appellants caused “obstructions, barriers, restraints, and interferences in the public beach easement recognized by this judgment, contrary to the common law right of the public” and to Tex.Nat.Res.Code Ann. § 61.018. The court ordered removal of the…”

Ken Paxton, in His Off. Capacity as Attorney Gen. of Texas v. Savergv, Sierra Club, & carrizo/comecrudo Nation of Texas, Inc. (Tex. 2026). “remove or prevent any improvement, maintenance, obstruction, barrier, or other encroachment on a public beach, or to prohibit any 4 unlawful restraint on the public’s right of access to and use of a public beach,” TEX. NAT. RES. CODE § 61.018(a). In 2009, Texas voters enshrined…”

De La Cruz, Arturo v. Brown, Columbus P., A/K/A C. P. Brown (Tex. App. 2003). “2003)(penalty for violations of Chapter 101 of Insurance Code); Tex.Nat.Res. Code Ann. § 61.018 (Vernon 2001)(penalty for violations of Chapter 61 of Natural Resources Code); Tex.”

Shatish Patel & Hemalatha Vijayan, Subodh Sonwalkar, & Wolley Oladut v. Subodh Sonwalkar, M.D. & Wolley Oladut M.D. v. St. Luke's Sugar Land P'ship, L.L.P & St Luke's Cmty. Dev. Corp.-Sugar Land (Tex. App. 2012). “47(a) ( West 2011 ) (Deceptive Trade Practices Act—consumer protection division has reason to believe person is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by Act); TEX. NAT. RES. CODE ANN. § 61.018(a) ( West 2011 ) (Open…”

— Tex. Nat. Res. Code § 61.018(a) — 3 cases

Angela Mae Brannan, Individually & as Indep. of the Est. of Bob Albert Brannan v. State, 365 S.W.3d 1 (Tex. App. 2010). “See Tex. Nat. Res Code Ann. § 61.018 (Vernon Supp.”

— Tex. Nat. Res. Code § 61.018(b) — 1 case

— Tex. Nat. Res. Code § 61.018(c) — 2 cases

Angela Mae Brannan, Individually & as Indep. of the Est. of Bob Albert Brannan v. State, 365 S.W.3d 1 (Tex. App. 2010). “See Tex. Nat. Res Code Ann. § 61.018 (Vernon Supp.”

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