Tex. Nat. Resources Code Section 61.025
Disclosure to Purchaser of Property

(a)

Except as provided by Subsection (b), a person who sells or conveys an interest, other than a mineral, leasehold, or security interest, in real property located seaward of the Gulf Intracoastal Waterway to its southernmost point and then seaward of the longitudinal line also known as 97 degrees, 12’, 19" which runs southerly to the international boundary from the intersection of the centerline of the Gulf Intracoastal Waterway and the Brownsville Ship Channel must include in any executory contract for conveyance a statement in substantially the following form:
CONCERNING THE PROPERTY AT ______________________________________
WARNING: THE FOLLOWING NOTICE OF POTENTIAL RISKS OF ECONOMIC LOSS TO YOU AS THE PURCHASER OF COASTAL REAL PROPERTY IS REQUIRED BY STATE LAW.
● READ THIS NOTICE CAREFULLY. DO NOT SIGN THIS CONTRACT UNTIL YOU FULLY UNDERSTAND THE RISKS YOU ARE ASSUMING.
● BY PURCHASING THIS PROPERTY, YOU MAY BE ASSUMING ECONOMIC RISKS OVER AND ABOVE THE RISKS INVOLVED IN PURCHASING INLAND REAL PROPERTY.
● IF YOU OWN A STRUCTURE LOCATED ON COASTAL REAL PROPERTY NEAR A GULF COAST BEACH, IT MAY COME TO BE LOCATED ON THE PUBLIC BEACH BECAUSE OF COASTAL EROSION AND STORM EVENTS.
● AS THE OWNER OF A STRUCTURE LOCATED ON THE PUBLIC BEACH, YOU COULD BE SUED BY THE STATE OF TEXAS AND ORDERED TO REMOVE THE STRUCTURE.
● THE COSTS OF REMOVING A STRUCTURE FROM THE PUBLIC BEACH AND ANY OTHER ECONOMIC LOSS INCURRED BECAUSE OF A REMOVAL ORDER WOULD BE SOLELY YOUR RESPONSIBILITY.
The real property described in this contract is located seaward of the Gulf Intracoastal Waterway to its southernmost point and then seaward of the longitudinal line also known as 97 degrees, 12’, 19" which runs southerly to the international boundary from the intersection of the centerline of the Gulf Intracoastal Waterway and the Brownsville Ship Channel. If the property is in close proximity to a beach fronting the Gulf of Mexico, the purchaser is hereby advised that the public has acquired a right of use or easement to or over the area of any public beach by prescription, dedication, or presumption, or has retained a right by virtue of continuous right in the public since time immemorial, as recognized in law and custom.
The extreme seaward boundary of natural vegetation that spreads continuously inland customarily marks the landward boundary of the public easement. If there is no clearly marked natural vegetation line, the landward boundary of the easement is as provided by Sections 61.016 (Boundaries for Areas with No Marked Vegetation Line) and 61.017 (Line of Vegetation Unaffected by Certain Conditions), Natural Resources Code.
Much of the Gulf of Mexico coastline is eroding at rates of more than five feet per year. Erosion rates for all Texas Gulf property subject to the open beaches act are available from the Texas General Land Office.
State law prohibits any obstruction, barrier, restraint, or interference with the use of the public easement, including the placement of structures seaward of the landward boundary of the easement. OWNERS OF STRUCTURES ERECTED SEAWARD OF THE VEGETATION LINE (OR OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD OF THE VEGETATION LINE AS A RESULT OF PROCESSES SUCH AS SHORELINE EROSION ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE THE STRUCTURES.
The purchaser is hereby notified that the purchaser should:

(1)

determine the rate of shoreline erosion in the vicinity of the real property; and

(2)

seek the advice of an attorney or other qualified person before executing this contract or instrument of conveyance as to the relevance of these statutes and facts to the value of the property the purchaser is hereby purchasing or contracting to purchase.

(b)

If the statement is not included in the executory contract for conveyance or there is no executory contract for conveyance, the statement must be delivered to, and receipt thereof acknowledged by, the purchaser not later than 10 calendar days prior to closing the transaction.

(c)

Failure to comply with Subsection (a) or (b), as applicable, shall be grounds for the purchaser to terminate the contract or agreement to convey, and upon termination any earnest money shall be returned to the party making the deposit.

(d)

A seller commits a deceptive act under Section 17.46 (Deceptive Trade Practices Unlawful), Business & Commerce Code, if the seller fails to comply with Subsection (a) or Subsection (b), as applicable.

(e)

This section, or the failure of a person to give or receive the notice in the manner required by this section, does not diminish or modify the beach access and use rights of the public acquired through statute or under common law.
Added by Acts 1985, 69th Leg., ch. 350, Sec. 1, eff. Aug. 26, 1985. Amended by Acts 1987, 70th Leg., ch. 75, Sec. 1, eff. Aug. 31, 1987; Acts 1999, 76th Leg., ch. 508, Sec. 10, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 14, eff. September 1, 2007.

Source: Section 61.025 — Disclosure to Purchaser of Property, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­61.­htm#61.­025 (accessed Apr. 20, 2024).

61.001
Definitions 61.011
Policy and Rules 61.012
Definition 61.013
Prohibition 61.014
Denial of Access by Posting 61.015
Beach Access and Use Plans 61.016
Boundaries for Areas with No Marked Vegetation Line 61.017
Line of Vegetation Unaffected by Certain Conditions 61.018
Enforcement 61.019
Declaratory Judgment Suits 61.020
Prima Facie Evidence 61.021
Area Not Covered by Subchapter 61.022
Government Agencies and Subdivisions 61.023
Effect on Land Titles and Property Adjacent to and on Beaches 61.024
Effect of Subchapter on Definition of Public Beach 61.025
Disclosure to Purchaser of Property 61.026
Beach Access Public Awareness and Education 61.061
Purpose 61.062
Public Policy 61.063
Definitions 61.064
Application of Subchapter 61.065
Duty of Cities 61.066
Duty of County 61.067
Duty of State 61.068
Application Requirement 61.069
Contents of Application 61.070
Parking and Use Fees 61.071
Compliance Before Approval 61.072
State Funds 61.073
Conditions for Payments 61.074
Submission of Proposed Expenditures 61.075
Fair Distribution of Funds 61.076
Limitation on State Share 61.077
Funds for Administrative Purposes and Emergencies 61.078
Authority to Spend County Funds 61.079
Notice of Ineligibility 61.080
Public Beaches in Ineligible City 61.081
Public Beaches in Ineligible County 61.082
Authority of Local Governments 61.083
Exemptions from Subchapter 61.121
Definition 61.122
County Regulatory Authority 61.123
Notice of Hearing 61.124
Copies of Order 61.125
Public Hearing 61.126
Traffic Regulations 61.127
Criminal Penalties 61.128
Order Prevails over State Law 61.129
Ordinance Prevails over Order and State Law 61.130
Rights of the Public 61.131
Effect of Subchapter on Definition of Public Beach 61.132
Closing of Beaches for Space Flight Activities 61.161
Public Policy 61.162
Findings 61.163
Definition 61.164
Application 61.165
Contents of Application 61.166
Filing Fee 61.167
Separate Applications 61.168
Granting License 61.169
Applications Not to Be Granted 61.170
License Prohibition Against Glass Containers 61.0171
Temporary Suspension of Line of Vegetation Determination 61.171
Assignment 61.172
Termination and Revocation of License 61.173
Maximum Territorial Limits 61.174
Additional Standards 61.175
Rules, Procedures, and Conditions 61.176
Areas Exempt from Subchapter 61.177
Penalty 61.178
Enforcement 61.0181
Administrative Penalty 61.0182
Enforcement Provisions Cumulative 61.0183
Removal of Certain Structures, Improvements, Obstructions, Barriers, and Hazards on Public Beach 61.0184
Notice Requirements 61.0185
Temporary Suspension of Submission of Requests that Attorney General File Suit 61.0211
State or National Park Covered by Subchapter 61.211
Findings 61.212
Exemptions from Subchapter 61.213
Application 61.214
Contents of Application 61.215
Prerequisites to Issuance of Permit 61.216
Notice of Applications Received 61.217
Public Hearing 61.218
Notice of Public Hearing 61.219
Issuance of Permit 61.220
Return of Filing Fee 61.221
Assignment of Permits 61.222
Termination and Revocation of Permit 61.223
Suits for Orders and Injunctions 61.224
Penalty 61.225
Sand, Marl, Gravel, or Shell from Public Beaches Within Incorporated Cities, Towns, or Villages 61.226
Application of Subchapter to Certain Islands and Peninsulas 61.227
Authority of Parks and Wildlife Department 61.251
Definition 61.252
Permit Requirements 61.253
Injunction 61.254
Criminal Penalty
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Accessed:
Apr. 20, 2024

§ 61.025’s source at texas​.gov