GALVESTON
Beach-side property owners would be empowered to bar the public from the sand between their buildings and the Gulf of Mexico under a bill by Sen. Mayes Middleton, which opponents worry would erode the Texas Open Beaches Act.
Senate Bill 434 relates “to the burden of proof in a suit or administrative proceeding to establish that an area is subject to the public beach easement,” according to its text.
State Senators first heard the bill in a Feb. 15 meeting of the 88th Legislative session, and referred it to the Natural Resources and Economic Development Committee, who has yet to respond to a request for comment.
Middleton’s office didn’t reply to multiple calls and emails requesting comment.
Some advocates and even some property owners see the bill as a threat to Texas’ long-standing law guaranteeing that beaches belong to the public rather than private-property owners.
“People who aren’t familiar with how bills are worded or phrased, when they read this they really don’t see an issue,” said Ellis Pickett, founding chairman of the Surfrider Foundation Texas, Upper Coast Chapter.
“Since the public became aware of erosion from Tropical Storm Frances in 1998, there’s been a reluctance by government to enforce the Texas Open Beaches Act. Even though Mayes Middleton has said this has nothing to do with public beach access, in reality, it does.
“It makes it more difficult to file an enforcement lawsuit under the Open Beaches Act. It’s another step in the process that will make it more difficult to remove violations on the coast. Politicians are reluctant to remove them anyway.”
Opponents say the bill would remove the assumption that all Texas beaches should be open to the public.
The bill is a direct violation of the Open Beaches Act, said Jerry Mohn, president of the West Galveston Island Property Owners Association.
“Why is he doing it?” he asked. “I’m getting more information, and I plan to email him and ask him why.”
The bill states:
“In a suit or administrative proceeding brought or defended under this subchapter or whose determination is affected by this subchapter pertaining to, a showing that the area in question is located in the area from mean low tide to the line of vegetation, the burden of proof is on the party seeking to establish is prima facie evidence that: 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; or there is imposed on the area a common law right or easement in favor of the public for ingress and egress to the sea.”
ERODING RIGHTS?
In Texas, public access to Gulf Coast beaches is not just a matter of law, it’s a right spelled out in the state’s constitution.
Walking along the beach in Texas has been a right since Texas was a republic, and the Texas Land Commissioner protects this public right for all Texans by enforcing the Texas Open Beaches Act, according to the General Land Office.
“Under the Texas Open Beaches Act the public has the free and unrestricted right to access Texas beaches, which are located on what is commonly referred to as the ‘wet beach,’ from the water to the line of mean high tide,” according to the land office.
“The dry sandy area that extends from the ‘wet beach’ to the natural line of vegetation is usually privately owned but may be subject to the public beach easement. The line of vegetation may shift due to wind, and wave and tidal actions caused by storms and hurricanes.”
Public beach access should not be restricted in any way, Joanie Steinhaus, Turtle Island Restoration Network Gulf program director, said.
“Everyone should have the opportunity to access the beach, enjoy time with family and friends, and not be burdened with proving the right to beach access ingress and egress to the sea as stated in the bill,” she said. “This bill would kill tourism in many coastal communities if the right to beach access is restricted.”
Many Galvestonians agree that SB 434 is a threat to public beach access, including Jeff Seinsheimer with the Surfrider Foundation, Galveston chapter.
“In 2009, the Open Beaches Act became part of the Texas Constitution, approved by 75 percent of those voting in a statewide referendum,” he said. “This bill is a chipping away or watering down of the Open Beaches Act.
“The wording of the bill is difficult to read, much less fully comprehend. Currently, Texans have the right to access the state’s beaches from the mean low tide line to the line of vegetation.
“Under the new bill, if a person claims a private property owner or establishment is violating their right and they pursue litigation, the burden of proof would fall on the person making claims against an establishment. Bottom line for me, proving the beach is public should not be our burden.”
Seinsheimer argued the bill is bad for tourism.
“How can we justify that in our community?” he asked. “The public and private property owners can live in harmony. This bill perverts that relationship. It should be of concern to all Texans and beach users.
“I’m asking everyone I know to ask everyone they know to contact their lawmakers ASAP to let them know how they feel about this bill. Please don’t let this legislation sneak under the radar.”
PATROLLING PRESENT BEACH LAW
Cities and counties along the coast are required to adopt laws to protect the public’s beach access rights and outline local coastal construction requirements, according to the land office. The land office reviews local beach access plans and certifies that they meet the minimum state standards set forth in the Open Beaches Act, Dune Protection Act and the General Land Office Beach/Dune Rules.
The Texas Natural Resource Code states, “It is declared and affirmed to be the public policy of this state that the public, individually and collectively, shall have the free and unrestricted right of ingress and egress to and from the state-owned beaches bordering on the seaward shore of the Gulf of Mexico, or if the public has acquired a right of use or easement to or over an area by prescription, dedication, or has retained a right by virtue of continuous right in the public, the public shall have the free and unrestricted right of ingress and egress to the larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico.
“‘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.”
(70) comments
We sure need a more detailed explanation of exactly what this is all about. I have read the proposed act and I sure don’t understand what is intended. You could read it about 4 different way. One way of reading it seems to put the burden of proving a public beach is open for access is on the public that want to use it. That seems wrong to me.
Robert, your last sentence is on the money.
And SB434 will make it more difficult to enforce Texas Open Beaches Act violations. This will create another costly step in the litigation process.
The last lawsuit like this I was involved in was a beachfront owner in South Padre Island built an illegal seawall. The GLO filed a lawsuit to remove it. It took about 5 years for the lawsuit go to court as the illegal seawall continued to block part of the public beach easement through the courts. That suit cost Texas taxpayers over $250,000.
Middleton has stated this bill will not affect public beach access - well, that is exactly what that illegal seawall did and SB434, like that illegal seawall will, in reality, block public access as lawyers enrich themselves in protracted litigation.
If you don't like public beaches you will love SB434.
DANG, Mayes Middleton you lost a vote!
Don > Try to remember the media is against everything Mayes does.
He lost more votes than one .. it will be interesting to find out his explanation of this bill.. and who's behind trying this this attempt to bypass this Texas Open beach LAW
This bill is the kind of gobbledegook that only a lawyer could love.
Every bill should state what problem the bill is supposed to solve. What is the problem, Mr. Middleton?
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[thumbup] Normally I find Middleton's values to align fairly well with mine. But this is very opaque language that solves...what problem? What is the genesis of this legislation, what problem does it solve and what unintended consequences might it introduce? More information is needed.
Shame on you Mr. Middleton. You have lost a vote from me too. And I will make sure that my vote isn't the only one. Texans have been fighting assaults on the Open Beach law for a long time. And you are trying to hide your assault inside a trojan horse of legalese. We lost major ground after IKE, because of a lawsuit concerning the removal of houses on public property. Please, don't let the developers who make large campaign donations have beach front property that belongs to the public.
Doesn't Mr Middleton own a beach house?
I live at Crystal Beach. I know Senator Mayes, and I simply do not believe he has any intent to do anything that would negatively affect his constituents which he cares deeply about. So why not lets wait to see what this bill really means rather than jump to conclusions before any of us know the facts. Let's give this man who has been a solid and devoted representative for us all, the time to respond. I simply do not believe he has ill intent. We should know more in the near future to make an actual informed decision.
Have a great weekend my friends,
Dr. Joe
We do need more information - that is for sure. I like Mayes and want to believe that this is not as it reads. I hope he comes out with communication package that explains the purpose and the problem being solved!
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I like him, too. But this is not language he should have thought to be uncontroversial. Better preparation and explanatory background materials may have helped avoid the controversy. Or not, depending on what is intended.
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Joe > It was the media that jumkped to conclusions. They hate and oppose every thing Mayes does. I've known Mayes for a long time and know him to be a defender of people vs government which is why media hates him. I suspect when you learn what his bill is about, not the media word masters, you will be a Mayes voter.
That’s because Miles is ambitious. He doesn’t really care about District 11. He’s looking for a political confrontation, anything that will get him state wide attention. He sees this as just the type wedge issue that will get him statewide or even national attention. Look for Miles to take on the current Land Commissioner, Lt Governor, and eventually Ted Cruz. Don’t worry Randy, you’re safe for now. Your congressional seat is not enough for Miles to bother with.
Ted, I see your fever hasn't broken yet and you are doing stream-of-(un)consciousness postings. You may have better luck channeling Eleanor Roosevelt. Anyone can make up any fool thing about someone they don't know and attribute whatever motives they like.
It's like an ink blot test but you've combined it with your online psychic reader course. Your results are skewed up.
We need to vote this self serving beach house owning politician out of office! He is trying one bill at a time to negate the Texas Open Beaches Act. He needs to go! He is not working for the people of Texas. He is working for the wealthy beachfront property owners!
Middleton has no concerns for the District, he has ambitions for himself. CCA should get involved in this Constitutional issue. There are a lot of fishermen who can vote Middleton out.
Ha! Sorry that I keep calling this guy Miles. I know his name is Mayes.
Maybe that’s why he’s gong for the attention, that so people like me can remember his real name.
That's okay. Ralph still calls you "Two Vote Ted".
Don't worry Ted, you can call this guy anything except Senator. He's not going to last that long anyway.
"Middleton’s office didn’t reply to multiple calls and emails requesting comment."
Way to represent, Mr. Representative.
He's not a State representative, Bailey. He's a State Senator.
By the way, FOX's Jesse Watters revealed his middle name is Bailey. That'll make your day![beam]
Bailey, his office staff is probably celebrating Mardi Gras, Presidents' Day or both this weekend. Look for him in the crowd.
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I hear Mayes next bill is to ban those pesky turtles
Actually, Mr. Middleton is focused on returning funding to his district's Property Tax Payers.
I have worked the last several years with disgrundled property tax payers in Galveston County. I wonder how many of you nay sayers have experienced Weekend Visitors walking through your sandy beachfront property because of Vacation Rentals. Some homeowners prefer to have their privacy not invaded by those who are NOT paying those ridicuously high taxes for their Ocean Front Property.
Very little sympathy for you on this - you knew full well Texas had open public beaches when you bought your Ocean Front Property.
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Robert, under the long-standing law, public access is to be maintained from the low water mark to the vegetation line. Ms. Dean can speak to her situation but she may have been referring to folks wandering behind the vegetation line just because they see sand. Can we agree that if that is the case, her complaint has been recognized as legitimate under the law for many years?
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So deal with the STRs, not the Texas Public wanting to enjoy their beachfront.
Then they should not have bought beach front. The majority were well aware of the Law but felt it was never going to be enforced.
The beaches belong to ALL the public in Texas, not just the beachfront property owners!!!
The sand betwen the low tide and vegitation line belong to the public. but not the front and back yards of property owners. Not between homes either.
This bill should be concerning for all Texans. Not just those of us that live along the coast.
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STR's have little impact the general beach usage which is our Constitutional right and what he is trying to void.
Carrie Wortham
Actually Carol, most of those pesky beach goes are paying highly exorbitant fees to rent your neighbor’s property, so your gripe is with your neighbors, not the beach goers. The beach goers are just there to enjoy a little bit of beach front fun, just like you, and they are
paying your neighbors for it.
Ted, your thought process is a little misguided and I would think that you are not a homeowner experiencing many of the hassles that some of these beachfront homeowners are experience. I would suggest that anyone with concerns with this bill should take the steps to contact Mr. Middleton's office for an explanation.
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Carol, you are correct. I am not a beach front property owner, however I would not blame all of the beach goer’s for the trespasses of just a few.
My parents owned a beach house on Bolivar during the 60’s and up until the early 80’s. Although the house was one lot back from beach front, there were empty lots in front of us for most of time they owned it. The place was a few miles this side of Crystal Beach so granted we did not have the “Zoo” experience that those homeowners experienced. Most of the beach goers camping in front of us were families and day trippers. As kids we would snark and make comments to those that would “use the dunes” in front of our house until our dad caught us. He reminded us how fortunate we were and that if we weren’t so convinced, he might just make us “use the dunes” too. (Dads of the 60’s, you gotta love them).
My point is Carol, is that I do sympathize with you, however, the Open Beaches Act to me is like the 2nd Amendment is to most gun owners. Don’t mess with it!
Mayes needs to back off, before he pisses off a bunch of his (up until now) quiet constituency.
As a point of correction, I do NOT own ANY property on Galveston Island, much less Beach Front.
City Council voted in December to include this bill in their legislative agenda. I wonder how many of the Council members realized the implications of their vote for this. Marie Robb, Dist. 6, requested this bill be included in the Galveston Legislative agenda and Senator Middleton is touting the Galveston support while Representative Wilson is getting ready to file a house companion bill. Wilson said Saturday morning at WGIPOA that the bill was opposed by a California surf group. I agree- Texas Open Beaches Act and Constitution is sacred- don't mess with it.
News to me Harvey. The council should be making it clear what their intentions are in support of his bill.
I’m sorry that I made that assumption Carol.
Ted, I spent the last six years serving on the Galveston County Appraisal Review Board trying to say property owners every penny I could!
That is a hilarious statement. I bet you believe Cheryl Johnson cares about the taxpayer too.
Rusty, have you ever talked with Cheryl personally or attended one of her seminars? I've done both. Cheryl Johnson cares about taxpayers.
Rusty, Mrs.. Johnson DOES care about taxpayers and as a member of the ARB I took my job seriously. I was NOT employed by the CAD, but rather was appointed to this position to give Tax-Payers a free, second opportunity to try and get their Market Value of their properties reduced.
First Carlos, she won't return my calls or messages. No, i am not attending the same old same old year after year. She was asked to give a seminar in Santa Fe, said she didn't have time. This was last year, asked by a public official over a month before tax appraisal deadlines. Carol, I think she just throws her hands up and says the same thing every year. I am sure you took your job seriously, as did Bruce while on the Board. Given that, tell me why there wasn't any change in the appraisal values? If appraisals are out of your hands and Austin controls them, then why have a Board in the first place. Appraisal reviews are wildly inconsistent, I think I was finally treated with common courtesy last year. This is my problem, why every year do we go back to 4 years ago with the same appraisal? If my appraisal was determined last October after appeal, why will my appraisal go back to the previuos years original appraisal..... 4 years running ? I either of you don't see this as a problem then you just don't see what I see. I see a repetitive government agency with a huge workload that could be cut in half with 1 simple measure. Instead of me and thousands of others protesting taxes every year, after an agreed upon appeal, freeze it plus the 10% every year for 3 years. Now, blame Austin.
Maybe she's heard about you, Ted. I've talked with her in Santa Fe and in Hitchcock on several occasions.
Make that:
Maybe she's heard about you, Ted and Rusty. I've talked with her in Santa Fe and in Hitchcock on several occasions.
Rusty > Yes I do. Known her long time and she is a people person.
And Yoor co workers are trying to bleed every penny they can from senior citizens
31 BILLION in the bank.. and still no tax relief
What did I say about West End private beaches last week ? Seem's like I was spot on with Middleton taking the side of his rich friends over the average taxpayer as well. Well, at least it is finally being admitted now.
Rusty > You and the Media admitt to what?
Really disappointing, I hate wasting my vote.
It is time to rethink this issue. Mays is a conservative. The media hates conservatives. The first comments on this bill were from a media that don't like the Senator. I'll bet Mayes' bill actually protects the public access to beaches. I expect Mayes will explain it's intent but the media will say he lies. It could be it has nothing about beach access but is about teaching the public the media lies. I've known Mayes since he joined the tee party with Mrs. C. Johnson. Both have always protected citizens from the lying media.
Senator Middleton says that S434 is a beachfront private property rights bill.
by Jackie Cole
Wow Rusty, I actually agree with you. Lighting Strike!
And you Gary, please. The Tea Party is no such thing.
You need to read my response to Carol and Carlos above, could strike twice. [wink]
Ted . No such what? Tee party candidates won a third of national school board seats in the last election Added to seats they won in earlier elections they now control many school boards.
Funny how Galveston turned the "Open beaches act" into pocket parks only on beach parking. Open up the beaches like in the late 70's!
According to Galvestoncad.org... David Mayes Middleton II owns 4 properties at Beachtown Galveston Village on the east end of the island... This is the tall building along the shore. I can only speculate they want to keep the public off "their" beach.
Perhaps he wants to stop tourists from using dunes as toilets.
Rusty, rather then "speculating" why don't you go directly to Senator Middleton? Lots of people own properties in various counties.
The Comptroller's Office in Austin posts new rules, regulations and mandates that are to be adhered to on an annual basis. Even the ARB members are required to take a yearly update class to be able to serve on the boards. There is an entire section in the Comptroller's Guideline Book that addresses the ARB members in regards as to what they may or may not do on different levels. We are allowed to over-ride a Market Value Appraisal if 2 of 3 members are in agreement.
I would hope that you would consider making an appointment with Krystal McKinney, the Vice Chief Appraiser. She is a very gracious, professional woman who is also a great "problem solver".
Cheryl Johnson teaches her classes every year on a regular basis. She is quick and efficient. She is there to offer suggestions on how to best PROTEST your values, not necessarily HOW to get them reduced. That will be at the discretion of the ARB members if you chose to go before them. It is simple and "painless".
If you choose to protest your values, be sure and follow ALL of the directions on the back of your notice. Not reading and following the directions can possibly result in a different outcome.
As an annual Protester, myself...take lots of photos of the things you think are wrong with your improvements and land. You MUST print those photos out, as ARB members are not allowed to look at your phone.
Any questions, Please contact the CAD, they are there to help the property owners.
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