by Craig Eiland
Thursday, May 17, 2012
Last November, the Galveston County District Attorney sent the Attorney General’s office an opinion request to clarify statutory language as to whether off-highway vehicles may be driven on the beaches. I sent a follow up letter to the AG’s office hoping to have an opinion before spring break. It was my understanding that an opinion would be available this month. However, after speaking with the AG’s office, we are told that a letter had been sent to the District Attorney within the last week notifying the office that an opinion on this matter will take longer than expected.
According to statute, an opinion must be made within 180 days of its request. Because a decision has yet to be made, the AG’s office must notify the requesting party that more time is needed for a decision. Once an opinion has passed the due date, there are no statutory requirements stating that an opinion must be given within a certain amount of days. A second letter from my office is being sent to the AG’s office asking that a clarification be made before summer break. At this point, we can only wait and hope a decision is made soon.
It is my intent, if reelected, to offer legislation that clarifies that a County Commissioners Court may designate which specific vehicles can be driven on the beach as well as the speed, distance, and purpose.
OPINION REQUEST sent by Galveston County District Attorney Jack Roady to Texas Attorney General Greg Abbott
Posted in 
I agree with the orignal poster’s comments. Quite a few of us came down to Bolivar regularly last summer until the ban went into effect. We rode and obeyed the laws, bought gas and spent money at the stores and bought parking passes. We drove respectfully through the subdivisions and were mindful to the fishermen and their lines.
The ruling from the AG came out just after this article was published. And it said although UTV’s can’t be registered under current law, there is also no Texas law stating that cannot be operated on a beach as long as there are no other laws fron the jurisdiction or General Land Office. Seems if there is no law on record, then you really can’t be issued a citation. Of coarse, I don’t plan on testing the waters but if anyone else would like to try, please let me know the outcome!
Galveston.
When I went around the rodeo about this last year, I actually read the law. There are already counties that set their own local vehicular law. They are in west Texas allowing mules, etc on their local highways. It appears the state lawmakers for their area proposed and voted in amendments to the ohv law for their specific counties. Can’t we get that done for Galveston county? Appears there is already a precedent on the books.
I have owned a home on Crystal Beach for 30 years. When I was down at the beach during this last Memorial Day weekend I observed a golf cart with four women traveling on the shoulder of Highway 87. The Galveston County’s Sherriff’s Department informed me that it is illegal to drive a golf cart on the shoulder of Highway 87. If that is the case and Bolivar Beachs are considered to be a Texas Highway, then why are golf carts allowed to drive on Bolivar Beaches? The same perils apply whether golf carts are driven on the shoulder of Highway 87 or Bolivar Beaches. People driving golf carts on Texas State Highways and Bolivar Beaches are putting not only adults at risk but children. A lot of the golf carts that I see on Bolivar Beaches have children drivers and passengers. Does it take a horrible accident where children and adults are killed because of a collision with a vehicle before our civic minded Texas legislators take action. In my opinion, the way to fix the problem is take the vehicles off Bolivar Beaches and only allow golf carts on Bolivar Beaches. You do not see any vehicles driving on golf courses. The vehicles were taken off Westend Galveston beaches. Why not do the same for Bolivar Beaches? Help preserve Bolivar Beaches and human lives. I realize that it is important to uphold the law, but our Texas legislators need to address this issue post-haste.
You are contradicting yourself I agree with the above let them on and ticket them if it’s warranted.
Go hug a tree! There’s a reason 100,000 people want to ride the beaches, it’s fun and beats looking at TV. If you want a desolate beach go check out other parts of the Texas beaches, there’s 1,200 miles of ’em! I don’t have an ATV down here, just a golf cart, but don’t see why an ATV, when driven legally, shouldn’t be allowed.
It has been, and will always be, my opinion that these vehicles should be allowed on the beach. It makes no sense that they aren’t. We allow automobiles and trucks weighing over a ton on the beach but not OHV’s? We allow vehicles that go 120+mph on the beach but not Kubota’s that go 25 mph? How absurd is that? Just enforce the traffic laws. If someone is speeding in a vehicle, give them a ticket. If someone is speeding in an OHV, give them a ticket. If someone is riding on the dunes, give them a ticket. How difficult is that? Actually, it makes more sense to me to only allow golf carts, OHV’s, motorcycles, and 4 wheelers. They are smaller, consume less gas, and (in theory) would cause less harm to others if involved in an accident.
Great Post!!! Makes no sence, just ticket or arrest all. “Trucks, Cars, OHV’s, Golf Carts).
You are absolutely right I have seen no wrong done by these vehicles I have one myself and feel much safer for all parties. I can see all around me when on mine it goes 24 miles per hour hint if I am going wide open it’s a ticket. It is great to ease down the beach and see around you picking up shells or picking up trash and helping people.