Tex. Nat. Resources Code Section 61.129
Ordinance Prevails over Order and State Law

(a)

Except as provided in Section 61.022 (Government Agencies and Subdivisions) of this code, this subchapter does not limit the power of an incorporated city, town, or village bordering on the Gulf of Mexico or any adjacent body of water to regulate motor vehicle traffic and prohibit littering on any beach within its corporate limits.

(b)

If these regulatory ordinances are adopted by a city, town, or village and the ordinance conflicts with the general law of the state or with an order of the commissioners court adopted under this subchapter, and the ordinance is consistent with policies and rules under Section 61.011 (Policy and Rules) of this code, the ordinance shall control over the state law and the order, and in cases of violation, prosecution may be maintained only under the ordinance.
Acts 1977, 65th Leg., p. 2485, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 17, eff. June 7, 1991.

Source: Section 61.129 — Ordinance Prevails over Order and State Law, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­61.­htm#61.­129 (accessed Jun. 5, 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:
Jun. 5, 2024

§ 61.129’s source at texas​.gov