Injunction to Remove Barriers Preventing Access to Beaches In Texas

In Gulf Holding Corp. v. Brazoria County, 497 S.W.2d 614, 619 (Tex. Civ. App.--Houston [14th Dist.] 1973), the court found that the "Open Beach Act" provided for a mandatory injunction to remove obstructions or barriers restricting access to beaches. Id. (citing VERNON ANN. CIV. STAT. art. 5415d (repealed, now TEX. NAT. RES. CODE ANN. 61.001, et seq.)). Section five of that act, as then codified, stated: The Attorney General, any County Attorney, District Attorney, or Criminal District Attorney of the State of Texas is hereby authorized and empowered, and it shall be his, or their duty to file . . . actions seeking either temporary or permanent court orders or injunctions to remove any obstruction or barrier, or prohibit any restraint or interference, restricting the right of the public . . . to free and unrestricted ingress and egress to and from the state-owned beaches. . . . Id.