What are "Open" Beaches?

The short, and glib, answer is that they are opposite of "closed" beaches, which we are in danger of seeing happen in Texas, particularly in Galveston.  In fact, a developer in Galveston provided the impetus for the Act, as you will see.

The late Bob Eckerdt saw what development, and the power of development money, could do to undermine the ability of the average citizen to enjoy this most basic and traditional right to some of the best of God's creation.  He wrote the Texas Open Beaches Act.  This was not a new law, but only served to codify what was already common law.  In other words, the beaches were highways that the public used since "time immemorial." Nobody could block off the beaches or hinder access to them the same way landowners could not block access to a cattle trail, or other highway that the public had always used for trade, commerce, and transportation.

Two things were working to make the beaches open to the public. First and foremost, we were smarter back then and did not try to build in an area that is surely to become part of the Gulf. Second, the beaches were the only means to drive along most sections of the coast. There was never any need to actually put this into the law until somebody (a developer in Galveston) tried to fence off the beach to make it private (sound familiar?).   When the common, historical practice of the state was being threatened by private action, Bob Eckherdt passed the Texas Open Beaches Act.

Many other states have laws protecting the public's rights to access the beaches. In particular, Oregon, Florida and North Carolina have laws protecting the public's access rights. Texas' law is uniquely strong but Oregon's and Florida's are also very good.

Why Aren’t Our Texas Beaches Open to All?

"The Texas Open Beaches Act guarantees free and unrestricted access to all Texas beaches to be enjoyed by Texans and visitors from across the United States. This includes people from all walks of life. This is the intent of this Texas law. But why aren’t our beaches open to all?..."

Download the entire article written by board member Ron Rodriquez to read at your leisure.