TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART 1. GENERAL LAND OFFICE
CHAPTER 15. COASTAL AREA PLANNING
SUBCHAPTER
A.
The General Land Office (GLO) proposes amendments to 31 Texas Administrative Code (TAC) §15.24, relating to Certification Status of the City of Port Aransas Dune Protection and Beach Access Plan, §15.31 relating to Certification Status of the City of Corpus Christi Dune Protection and Beach Access Plan, and §15.33 relating to Certification Status of the Nueces County Dune Protection and Beach Access Plan.
The GLO is proposing new §§15.24(d), 15.31(f), and 15.33(m) to certify as consistent with state law amendments proposed by the City of Port Aransas, the City of Corpus Christi, and Nueces County to their local dune protection and beach access plans (Plans). The City of Port Aransas, City of Corpus Christi, and Nueces County have each requested approval to increase the beach user fee (BUF) to $20.00 per calendar year.
Copies of the proposed Plan amendments can be obtained by contacting the GLO or the City of Port Aransas, City of Corpus Christi, and Nueces County.
BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENTS
Pursuant to the Open Beaches Act, Texas Natural Resources Code (TNRC) Chapter 61; the Dune Protection Act, TNRC Chapter 63; TNRC § 33.607, and 31 TAC §§15.3, 15.7, and 15.17, a local government with jurisdiction over Gulf Coast beaches must submit any proposed amendments to its Plan to the GLO for certification. If appropriate, the GLO will certify the Plan as consistent with state law by amendment of a rule, as authorized in TNRC §§61.011(d)(5), 61.015(b), and 63.121. The certification by rule reflects the state's certification of the Plan; however, the text of the Plan is not adopted by the GLO, as provided in 31 TAC §15.3(o)(4).
On August 11, 2026, the City of Corpus Christi passed Ordinance No. 26-1118 to amend its Plan to increase their beach user fee from $12.00 per calendar year to $20.00 per calendar year. On August 12, 2026, the City of Port Aransas passed Resolution No. 2026-R34 to amend its dune protection and beach access plan to increase their beach user fee from $12.00 per calendar year to $20.00 per calendar year. On September 9, 2026, the Nueces County passed Commissions Court Order No. 20260526 09-09 to amend its dune protection and beach access plan to increase their beach user fee from $12.00 per calendar year to $20.00 per calendar year.
Free beach parking areas will continue to be provided in the City of Port Aransas from the jetties to Lantana Drive and from Beach Marker 52 to Beach Marker 58, in the City of Corpus Christi from Beach Access Road 2 to Mustang Island State Park and at the Windward parking lot behind the Michael J. Ellis Seawall, and in Nueces County at I.B. Magee Park and adjacent to Bob Hall Pier.
The City of Corpus Christi, City of Port Aransas, and Nueces County have each indicated that the proposed BUF increase is necessary due to the continuous rise of expenses for beach-related services, such as litter abatement and maintaining sanitary restrooms, and to support the cost of new amenities and public beach access improvements. The expenses for beach-related services in each jurisdiction have been exceeding the BUF revenues collected within the same timeframe. According to the City of Corpus Christi, collected BUF revenues in 2025 covered less than half of the City's eligible beach-related services. The cost of providing beach-related services in the City of Port Aransas, such as beach cleaning and maintenance, sanitation and trash collection, and lifeguard and safety operations, has exceeded annual BUF revenues by at least $1 million annually for the past five years. Similarly, the total expenses for beach-related services in Nueces County over the past five years has exceeded the total revenues from BUF. The increased BUF will be used by each jurisdiction to support these ongoing beach-related services, while providing revenues to expand public facilities and services to beachgoers and to support beach nourishment long-term.
The City of Corpus Christi estimates receiving $2.2 million in revenues each year from the increased BUF and spending at least $3 million annually on expenses for beach-related services. According to the City of Corpus Christi, in the short term, the funds from the proposed BUF increase will be used to support expanded beach rescue operations, add new public restrooms and a beach rescue facility on Zahn Road, maintain a new public beach access road, replace beach maintenance vehicles, and maintain the Michael J Ellis Seawall and associated beach amenities. These short-term projects are estimated to cost a total of over $3 million. In the long term, the City of Corpus Christi has stated that the increase in BUF will be used for future beach nourishment projects and to add additional public restrooms and parking, which may include purchasing land. Future possible beach nourishment is still in the planning phases and could cost tens of millions depending on the source of the sand and the placement method, and the City estimates that purchasing land and constructing new public restrooms and parking may cost approximately $2 million.
The City of Port Aransas has stated that the funds from the increased BUF will be used in the short term to extend beach rescue operations and lifeguard towers further south, maintain a newly constructed beach access road, and replace damaged beach operations equipment. In the long-term, the City of Port Aransas has stated that the increase in BUF will be used for future beach nourishment projects and to further expand the infrastructure and operations associated with beach rescue, which may include permanent facilities and additional lifeguard towers, equipment, and staff. With the increase in beach-related services and facilities to be provided to beachgoers by the City of Port Aransas, the City projects that the expenses for beach-related services will continue to surpass BUF revenues after the BUF increase. The City of Port Aransas estimates receiving $3.3 million in annual BUF revenues and spending over $4 million each year on beach-related services, which does not include costs associated with designing, planning, permitting, and constructing a beach nourishment project.
According to Nueces County, the funds from the increased BUF will be used in the short term to repair a damaged beach access parking area, rebuild a public dune walkover, and replace beach operations equipment. In the long term, the County plans to use the funds from the BUF increase to support beach nourishment activities and to rebuild public beach restrooms to meet current FEMA and accessibility requirements. The County anticipates receiving approximately $991k in BUF revenues each year and spending $950k annually on routine beach cleaning and maintenance and $490k annually on short-term beach improvement projects and equipment replacement. The County has stated that their long-term goal of rebuilding four public beach restrooms will likely cost $2 million per restroom (for a total of $8 million), and nourishing the beach may cost over $10 million.
Based on the information provided by the City of Corpus Christi, City of Port Aransas, and Nueces County, the GLO has determined that the BUF increase is reasonable because it does not exceed the necessary and actual cost of providing reasonable beach-related facilities and services, including enhanced amenities, does not unfairly limit public use of and access to and from public beaches in any manner, and is consistent with 31 TAC §15.8 and the Open Beaches Act.
FISCAL AND EMPLOYMENT IMPACTS
Angela Sunley, Deputy Director for the GLO's Coastal Resources Division, has determined that for each year of the first five years the amended rule as proposed is in effect, there will be minimal, if any, fiscal implications to the state government or local economy as a result of enforcing or administering the amended rules.
Ms. Sunley has determined that the proposed amendments will not affect the costs of compliance for businesses as the proposed changes relate to individual permits for parking on the beach and are not related to the permitting or restriction of business activities. The impact of the fee increase is mitigated by existing intermittently spaced no-fee areas throughout each jurisdiction.
The proposed rulemaking will have no adverse effects on local employment, and no impact statement is required pursuant to Texas Government Code §2001.022.
PUBLIC BENEFIT
Ms. Sunley has determined that the public will be affected by the increase of the BUF. Individuals will be required to pay larger annual fees. However, the Plan for each jurisdiction includes no-fee areas of public beach parking as required by 31 TAC §15.8(h), thereby mitigating the impact of the BUF increase on individuals. Free beach parking areas will continue to be provided in the City of Port Aransas from the jetties to Lantana Drive and from Beach Marker 52 to Beach Marker 58, in the City of Corpus Christi from Beach Access Road 2 to Mustang Island State Park and at the Windward parking lot behind the Michael J. Ellis Seawall, and in Nueces County at I.B. Magee Park and adjacent to Bob Hall Pier.
Ms. Sunley has determined that the BUF benefits the public and beachgoers because the increased fees are necessary for each jurisdiction to continue to fund and provide adequate and improved beach-related services to the public. The BUF specifically benefits the public and beachgoers by funding beach-related services such as public beach restrooms, expanded beach rescue operations, the maintenance of new beach access roads, and beach nourishment.
ENVIRONMENTAL REGULATORY ANALYSIS
The GLO has evaluated the proposed rulemaking action in light of the regulatory analysis requirements of Texas Government Code §2001.0225 and determined that the action is not subject to §2001.0225 because it does not meet the definition of a "major environmental rule" as defined in the statute. "Major environmental rule" means a rule, the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The proposed amendments are not anticipated to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The amendments are proposed under TNRC §§33.602, 33.607, 61.011, 61.015(b), 61.022 (b) & (c), 63.091, and 63.121, which provide the GLO with the authority to adopt rules governing the preservation and enhancement of the public's right to use and access public beaches and to certify local government beach access and use plans as consistent with state law. The proposed amendments do not exceed federal or state requirements.
TAKINGS IMPACT ASSESSMENT
The GLO has evaluated the proposed rulemaking in accordance with Texas Government Code §2007.043(b) and the Attorney General's Private Real Property Rights Preservation Act Guidelines to determine whether a detailed takings impact assessment is required. The GLO has determined that the proposed amendments do not affect private real property in a manner that requires real property owners to be compensated as provided by the Fifth and Fourteenth Amendments to the United States Constitution or Article I, §§17 and 19 of the Texas Constitution. The GLO has also determined that the proposed rulemaking would not affect any private real property in a manner that restricts or limits the owner's right to property or use of that property. GLO has therefore determined that the proposed rulemaking will not result in a taking of private property and that there are no adverse impacts on private real property interests.
GOVERNMENT GROWTH IMPACT STATEMENT
The GLO prepared a Government Growth Impact Statement for this proposed rulemaking. Since the proposed rules simply certify amendments to the local dune protection and beach access plans for the City of Corpus Christi, City of Port Aransas, and Nueces County, they will not affect the operations of the GLO. The proposed rulemaking does not create or eliminate a government program, will not require an increase or decrease in future legislative appropriations to the agency, will not require the creation of new employee positions nor eliminate current employee positions at the agency, nor will it require an increase or decrease in fees paid to the GLO. The proposed rule amendments do not create, limit, or repeal existing agency regulations, but rather certify the amendments to the local Plans as consistent with state law. The proposed rules do not increase or decrease the number of individuals subject to the rule's applicability.
During the first five years that the proposed rules would be in effect, it is not anticipated that there will be an adverse impact on the state's economy.
CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM
The proposed rulemaking is subject to the Coastal Management Program (CMP) as provided for in TNRC §33.2053 and 31 TAC §§29.11(a)(1)(J) and 29.11(c) (relating to Actions and Rules Subject to the CMP). GLO has reviewed this proposed action for consistency with CMP goals and policies in accordance with the regulations and has determined that the proposed action is consistent with the applicable CMP goals and policies. The applicable goals and policies are found at 31 TAC §26.12 (relating to Goals) and §26.26 (relating to Policies for Construction in the Beach/Dune System). The proposed rules are consistent with CMP policies in 31 TAC §26.26(a)(4) because they enhance and preserve the ability of the public, individually and collectively, to exercise rights of use and access to and from public beaches.
PUBLIC COMMENT REQUEST
To comment on the proposed rulemaking or its consistency with the CMP goals and policies, please send a written comment to Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711, or email to walter.talley@glo.texas.gov. Written comments must be received no later than 5:00 p.m., thirty (30) days from the date of publication of this proposed rule amendment.
STATUTORY AUTHORITY
The amendments are proposed under TNRC §§33.602, 33.607, 61.011, 61.015(b), 61.022 (b) & (c), 63.091, and 63.121, which provide the GLO with the authority to adopt rules governing the preservation and enhancement of the public's right to access and use public beaches and certification of local government beach access and dune protection plans as consistent with state law.
TNRC §§33.602, 33.607, 61.011, 61.015(b), 61.022 (b) & (c), 63.091, and 63.121 are affected by the proposed amendments. The GLO hereby certifies that the sections as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's authority.
§15.24.
(a) - (c) (No change.)
(d) The General Land Office certifies as consistent with state law the amendment to the City of Port Aransas plan that was adopted by City Council on August 12, 2026, by Resolution 2026-R34 to increase the beach user fee to $20 per calendar year.
§15.31.
(a) - (e) (No change.)
(f) The General Land Office certifies as consistent with state law the amendment to the City of Corpus Christi plan that was adopted by the City Council on August 11, 2026, by Ordinance No. 26-1118 to increase the beach user fee to $20 per calendar year.
§15.33.
(a) - (l) (No change.)
(m) The General Land Office certifies as consistent with state law the amendment to the Nueces County plan that was adopted by Commissioners Court on September 9, 2026 by Court Order No. 20260526 09-09 to increase the beach user fee to $20 per calendar year.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 13, 2026.
TRD-202604352
Jennifer Jones
Chief Clerk & Deputy Land Commissioner
General Land Office
Earliest possible date of adoption: November 29, 2026
For further information, please call: (512) 475-1859