Keep Texas Beaches Open!

Vote FOR Proposition 9 on November 3

Most Texas voters probably think that 2009 is an “off -year” in which there are no elections scheduled for the fall. A few municipalities such as the City of Houston will hold elections on November 3, however, and all registered Texas voters have the opportunity to go to the polls that day (or in early voting) to express their opinions on eleven proposed amendments to the state constitution. Of those eleven “propositions,” the most important from an environmental perspective is Proposition 9, the “open beaches” amendment.

Strengthening the Open Beaches Protection

Protection of public access to Texas beaches is already in law in the Open Beaches Act, enacted by the Texas Legislature five decades ago in 1959.

Proposition 9 is important, however, because it would put that protection into the Texas Constitution, giving public access to Texas beaches more certainty.

While a simple majority of legislators in both houses of the Texas Legislature could revise or repeal the Texas Open Beaches Act, the revision or repeal of a provision of the state constitution requires a vote by 2/3 of the members of both houses of the Legislature as well as subsequent approval by the voters of the state – a more difficult road to travel.

Moreover, while Texas state courts have the authority to strike down a state law such as the Open Beaches Act, they would not have the same authority to eliminate a provision of the Texas Constitution (although the interpretation of a provision might affect its application). Indeed on November 19 the Texas Supreme Court will hear a case challenging the Open Beaches Act – the first time such a challenge has reached the state’s highest court.

The case was brought by a Galveston County property owner whose houses wound up being in the public beach easement after Hurricane Rita changed the vegetation line that demarcates private and public property boundaries under the Open Beaches Act.

Proposition 9

The actual language of Proposition 9 on the ballot reads as follows: “The constitutional amendment to protect the right of the public, individually and collectively, to access and use the public beaches bordering the seaward shore of the Gulf of Mexico.”

Passage of the proposed amendment has been endorsed by the Lone Star Chapter of the Sierra Club and is supported by numerous other groups such as the Surfrider Foundation, which has four chapters in Texas.

Supporters of the proposed state constitutional amendment have a website with more information about Proposition 9. That website is www.votefortexasbeaches.org.

HJR 102

Proposition 9 began life as House Joint Resolution 102, introduced by State Rep. Richard Raymond (D-Laredo) in the House and sponsored by State Sen. Juan Hinojosa (D-Mission) in the Senate.

The Texas House of Representatives passed HJR 102 on a 140-1 vote, and the Senate approved it by a 29-2 margin.

Now Texas voters need to finish the job by going to the polls on November 3 – or during the early voting period – to give public access to the state’s beaches the constitutional protection that it deserves.

Other Propositions

The Sierra Club is not taking a position on any of the other proposed state constitutional amendments.

However, voters who would like to see the complete list of propositions in advance of the election and would like to know more about the proposals may go to the Texas Secretary of State’s website for that information.

The link is as follows: http://www.sos.state.tx.us/elections/voter/2009novballotlang.shtml.