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Open Beaches

In Texas, public access to Gulf Coast beaches isn’t just the law, it’s a constitutional right. In fact, walking along the beach in Texas has been a free and unrestricted privilege since Texas was a Republic and the beaches were sometimes the best road between growing trade outposts.

The Texas Land Commissioner, by law, protects this public right for all Texans by enforcing the Texas Open Beaches Act.

Under the Texas Open Beaches Act, the public beach has boundaries. The public beach extends from the lowest waterline inward to the line where plants naturally take root, the line of vegetation. Yet this line is rarely fixed. The line of vegetation moves due to winds, waves, tides, storms and hurricanes. The public’s right to access the beach is called a “rolling” easement because the boundaries move in an irregular pattern.

Houses on the beach
With one of the highest erosion rates in the nation, Texas loses 5-10 feet of beach each year. Since the passage of the Texas Open Beaches Act in 1959, the sea has naturally advanced toward the structures along the Gulf Coast, and in some cases, the homes can create a barrier to access.  The Land Office works to strike a balance between private property rights and the public's right to access the beach.  Learn More

Local Beach Access Plans
Cities and counties along the coast are required to adopt laws to protect the public's beach access rights. Usually, these local laws are adopted as a dune protection and beach access plan. The state reviews local beach access plans and certifies that they meet the minimum state standards set forth in the General Land Office Beach/Dune Rules. Learn More