Sand Dollars:

Introduction

With each wave that strikes the Texas shoreline, our state is losing one of its most precious natural resources. Despite the fact that seventy-percent of the state's coast is historically eroding, Texas remains the only coastal state without a comprehensive beach erosion fund. Without state money, there is little that federal, state or local agencies can do. Consequently, the 76th Texas Legislature needs to create a dedicated funding mechanism to support erosion response and prevention.

The chronic loss of sediment has been exacerbated by two storms in two years that have resulted in severe erosion and subsequent disaster declarations. The two storms resulted in millions of dollars in damages to private and public property. The rapidly retreating shoreline poses significant threats to critical public infrastructure (state highways and the Gulf Intracoastal Waterway), natural resources (beaches and wetlands), recreational areas, private investments, homes and the state's tourism industry.

This paper provides an overview of coastal erosion; outlines the current legal framework of beach protection in Texas; identifies statutory weaknesses and gray areas in case law; discusses ongoing legislative activities; and urges the need for support from the Legislature in order for property owners, state agencies and local governments to take action to preserve Texas beaches.