Special Report From Jerry Patterson
As published in - Plain Talk From The Texas Hill Country
7/31/2002

Let’s Be Specific About Texas Beaches
 

Those who hold or seek public office universally state their support for property rights and public access to Texas beaches. Putting these principles into practice requires more than statements of support. It requires specificity and leadership.

Certain Texas coastal areas are eroding at an alarming rate, jeopardizing public infrastructure such as roadways, utilities, port facilities and beachfront homes. A recent study indicates that within 50 years shoreline erosion on Galveston Island could sever FM 3005 in five places, even cutting off the approach to the San Luis Pass Bridge. This loss of vital property and infrastructure will negatively impact the local property tax base, and shift a greater portion of the tax burden from beachfront property to other property off the beach.

The next Land Commissioner must take steps to address this erosion and work with coastal communities in finding a solution. In February, I proposed a specific Plan for Texas Beaches. It is a starting point, subject to revision, but can serve as a launching pad for a real discussion on specific solutions.

The plan encourages coastal counties and municipalities, with federal assistance, to fund erosion prevention, mitigation and beach renourishment projects. The legislature should authorize the dedication of sales tax revenue to service debt on coastal erosion project bonds. Also, a portion of federal offshore oil and gas royalty revenue should be redirected to coastal communities for beach renourishment.

I propose greater use of cost-effective erosion prevention and mitigation measures such as Geotubes, which need further evaluation but have shown promise in mitigating coastal erosion. Additionally, we should more closely examine the use of sand dredged from intracoastal waterway and ship channel maintenance for restoration of marshes, wetlands and beaches.

Finally, we must add specificity and clarity to the Texas Open Beaches Act of 1959. Some advocates have taken the unrealistic position that the Act should never be amended --“if it ain’t broke, don’t fix it”. Recent disputes between beachfront property owners, public access advocates, the General Land Office, the Attorney Generals office, and coastal counties and municipalities clearly show that something is indeed “broke” and needs to be fixed.

Everyone agrees that Texans must be guaranteed access to Texas beaches. However, the forty-year old Texas Open Beaches Act is currently under indirect challenge in federal court. The current enforcement of the Act raises constitutional questions regarding due process, equal protection and just compensation. Failure to clarify the Act by amendment could have unintended consequences and jeopardize its very survival.

If I am elected, I will not be idle. After a series of public hearings along the coast to build consensus, legislation will be proposed to protect the Act and private property rights by adding clarity and specificity. I look forward to the challenge.

As the November 5th election approaches, stay involved; ask for specifics. To read my Plan for Texas Beaches, or to contact me directly, please visit my website at www.votepatterson.com. I look forward to hearing from you.

Jerry Patterson represented Galveston in the Texas Senate from 1992 to 1998. He is the author of Texas’ concealed handgun law, the 1995 coastal managmentment law, and a candidate for the statewide office of Texas Land Commissioner.