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Current as of January 01, 2024 | Updated by FindLaw Staff
(a) The commissioner may order the removal of a structure, improvement, obstruction, barrier, or hazard from a public beach if the commissioner finds the structure, improvement, obstruction, barrier, or hazard to be on the public beach as defined by Section 61.013(c) and:
(1) the structure, improvement, obstruction, barrier, or hazard was constructed or placed on the beach in a manner that is inconsistent with the local government's beach access and use plan; or
(2) the structure, improvement, obstruction, or barrier constitutes an imminent hazard to safety, health, or public welfare.
(b) The decision to remove a structure, improvement, obstruction, barrier, or hazard under this section is discretionary with the commissioner. This section does not impose a duty on the state to remove a structure, improvement, obstruction, barrier, or hazard or to remedy or warn of a hazardous condition on the public beach.
(c) The commissioner may contract for the removal and disposal of a structure, improvement, obstruction, barrier, or hazard under this section and may pay the costs of removal from money appropriated by the legislature.
Cite this article: FindLaw.com - Texas Natural Resources Code - NAT RES § 61.0183. Removal of Certain Structures, Improvements, Obstructions, Barriers, and Hazards on Public Beach - last updated January 01, 2024 | https://codes.findlaw.com/tx/natural-resources-code/nat-res-sect-61-0183/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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