Certain Gulf-front municipalities must maintain public beaches, provide or arrange lifeguard coverage in specified areas during daylight hours from Memorial Day to Labor Day, and post warning signs near those structures.
Sec. 61.065. DUTY OF CITIES. (a) It is the duty and responsibility of the governing body of any incorporated city, town, or village located or bordering on the Gulf of Mexico to clean and maintain the condition of all public beaches within the corporate boundaries. (b) The duty to clean and maintain the condition of public beaches does not extend to any public beach within the corporate boundaries that is owned by the county in which it is located. (c) As part of the duty under this section to clean and maintain the condition of public beaches, a municipality shall: (1) during reasonable daylight hours, as established and posted by the municipality, from Memorial Day to Labor Day, provide, or ensure that a park board created by the municipality under Chapter 306, Local Government Code, provides: (A) occupied lifeguard towers or mobile lifeguard units on each side of each pier, jetty, or other structure that protrudes into the Gulf of Mexico that is located within the corporate boundaries; or (B) a single occupied lifeguard tower or mobile lifeguard unit at each pier, jetty, or other structure that protrudes into the Gulf of Mexico that is located within the corporate boundaries if the single tower provides an unobstructed view of both sides of the structure; and (2) post within 100 yards of each side of each structure described by Subdivision (1) signs clearly describing the dangerous water conditions that may occur near the structure. (d) A municipality may suspend or alter the duties imposed under Subsection (c) during dangerous weather conditions or emergency operations. (e) Subsection (c)(1) does not apply to a municipality with a population of less than 1,000 that is located in a county adjacent to a county with a population of more than 3.3 million. Acts 1977, 65th Leg., p. 2481, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by: Acts 2021, 87th Leg., R.S., Ch. 724 (H.B. 3807), Sec. 2, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 466 (H.B. 630), Sec. 1, eff. June 10, 2023.