Proposition 9 passes by 77% to 23%!
On November 3rd 2009, Texans voted by an overwhelming majority to amend the Texas constitution to protect the right of the public to access Texas Beaches. Proposition 9 was a proposed constitutional amendment to protect the right of the public, individually and collectively, to access and use the public beaches bordering the seaward short of the Gulf of Mexico, will take the core of the Texas Open Beaches Act, guaranteed public access, and makes it an inalienable right for the millions of Texans and visitors that use Texas beaches every year.
Congratulation Texans! With the passage of Prop. # 9, it is now our constitutional right to access and use all Texas beaches. A huge thank you to all of you who helped with this campaign and to everyone who went out to vote.
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Texas Supreme Court Open Case: Carol SEVERANCE, v. Jerry PATTERSON: still a threat to the Texas Open Beaches Act
Extract of the Amicus Brief:
"A case pending before the Texas Supreme Court (case #09-0387) has launched a direct attack on the Texas Open Beaches Act. The case threatens the public's right to use and enjoy Texas beaches, a public easement that has existed since "time immemorial." Numerous intermediate courts of appeals have protected the public's right of beach access, but the Texas Supreme Court has never directly addressed the issue. The Court has now agreed to consider the constitutional questions and the Open Beaches Act. The issues presented are critical to the rights of all Texans and visitors to enjoy Texas beaches, and crucial to the economies of coastal counties and cities."
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