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Background: Under a Texas law known as the Open Beaches Act, the public has the right of free and unrestricted access to beaches in the state. The public has access to the beach anywhere from the ocean to the line where the natural grasses grow.

While the public has access to the beach, this does not mean that the land is publically owned. Land above where the high tide comes in, known as the “dry beach”, may be privately owned.

Since the Open Beaches Act is a state law but is not in the Constitution, it can be changed or eliminated by a majority vote of the Legislature at any time. Proposition 9 would add the public’s right to unrestricted access to Texas beaches to the Texas Constitution, so that it could only be weakened or eliminated through another constitutional amendment requiring approval by the voters.

For: Proposition 9 would strengthen the Open Beaches Act by including it in the Texas Constitution. Millions of Texans and visitors from other states enjoy our many miles of accessible beaches. Developers should not be able to build properties along the beach and restrict the public’s right to enjoy this natural resource to only those who are able to pay for beachfront property. This proposed amendment would protect the Open Beaches Act for future generations.

Against: The Open Beaches Act gives the state too much power to restrict the right of private landowners to enjoy their property. Placing this authority in the Constitution would only worsen this problem by making the law more difficult to change in the future. Under the Open Beaches Act, the state has forced homeowners to move or remove their houses after hurricanes and other changes to the coastline. The law should be weakened, not placed in the Constitution.

Political advertising paid for by:
the Scott Hochberg Campaign
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