The Upper Texas Coast Chapter of the Surfrider Foundation – representing hundreds of members, as well as thousands of other coastal enthusiasts and beach-goers – are extremely disappointed that Governor Rick Perry failed to veto House Bill 770.

Instead, Perry will neither sign nor veto the bill – which means it will become law. Way to take a stand, Governor. No wonder you’re likely to face a primary challenge in November.

The bill will allow front row homeowners to rebuild on Bolivar Peninsula and circumvent the Open Beaches Act, an exceptional piece of legislation that has stood the test of time and promoted public access to, and the proper use of, Texas beaches for five decades.

While the original legislation was well-intentioned, the objectionable part of the bill – the part that guts the Open Beaches Act -- was the 11th-hour dead-of-night handiwork of Republican Representative Wayne Christian of Center. He tacked on the wording and got the bill passed so that he can rebuild his own beach house on Bolivar.

Christian was recently named one of the 10 worst legislators of the session in the July issue of Texas Monthly. We can’t imagine why.

As the Houston Chronicle wrote in a recent editorial:

 “A law allowing homeowners to rebuild at the water’s edge, even if it is restricted to Bolivar, is laying the groundwork for future destruction of property while undermining the principle of open beaches.”

We couldn’t have said it better ourselves.

In fact, the issue at the heart of House Bill 770 has been fairly simple all along: it’s the desires of a few versus the common good of all Texans.

Land Commissioner Jerry Patterson, the statewide elected official charged with the stewardship of Texas beaches, understood this and condemned House Bill 770 in the strongest terms, but Governor Perry chose to ignore Patterson and the interests of all Texans.

Indeed, at a time when most Texans and Americans are turning their backs on personal greed, self-interest and shady politics, Governor Perry decided to take a pass.

A constitutional amendment will be on the ballot in November that, if passed, will give all Texans a constitutional right to beach access. House Bill 770 and the slime-ball way it made its way through the system make it clear why the amendment is so important to the future of Texas. The Texas chapters of the Surfrider Foundation wholeheartedly support the amendment -and hope the citizens of Texas will too.

From the Houston Chronicle:

Rep. Christian should be ashamed of pushing stealth legislation that benefits himself. As Tom Brown, president of Texas Open Beach Advocates, told the Chronicle, “it’s a very special bill to benefit a state legislator and that is flat-out wrong.”

For a half century, Texas has had one of the strongest coastal access laws in the nation. Residents who buy beach-front property are well aware that storms and rising sea levels may someday reshape the landscape, putting their investment in peril.

A law allowing homeowners to rebuild at the water’s edge, even if it is restricted to Bolivar, is laying the groundwork for future destruction of property while undermining the principle of open beaches. Texans should join [Land Commissioner Jerry] Patterson in calling on the governor to veto the bill.

From the Austin American Statesman:

The amendment makes a significant statement about public beaches and private property. Significant enough to warrant full legislative review, complete with public hearing.

Patterson, never a mincer of words, told the Houston Chronicle: “My opinion is just to say, ‘Screw you, Wayne Christian,’ because the Legislature didn’t pass this, one guy passed this.”

In his e-mail [to the Statesman], Christian railed about Patterson’s “cursive language.”

We’re really not sure what “cursive language” is, but perhaps this falls under that header: Perry should veto the damn bill.

From the Galveston Daily News:

The other reason this legislation deserves a quick veto is that it is bad public policy. The Open Beaches Act says that beaches belong to the public. If your land becomes a beach in Texas, you lose it, just as you would lose part of your cow pasture if a river changed course and ran through it. If a river runs through your pasture, you would not get to set up a tollbooth in the river and you would not get to charge bass boats and kayakers to pass.

The river would not be your private property in Texas — and neither would the beach.

Waterways and beaches are public property in Texas. And people who buy beach-front property are warned repeatedly, loudly and often about that provision in the law.

The Open Beaches Act is a good law. The alternative is to live in a state where most of the beaches are owned by the wealthy.

Remember that the initial purpose of this bill was to help folks in Galveston; it’s the reason given by State Rep. Craig Eiland why he voted for it. For the Galveston Daily News to argue for its veto strikes me as pretty powerful.

From the Star-Telegram:

Does the Open Beaches Act encroach on property rights in cases like this? Every beachfront-property owner knows the risk. If not for the act, eventually much of the Texas coast would be lined with private beaches.

Perry should veto HB 770. While that would hurt property owners in Galveston and elsewhere who want to retain their homestead tax exemptions while they rebuild, the greater good would come from upholding the integrity of the Open Beaches Act.

From the Beaumont Enterprise:

The sanctity of public beaches cannot be compromised in Texas. Homes or businesses cannot intrude onto beaches that belong to all Texans. For those reasons, Gov. Rick Perry has little choice but to veto a bill that contains a provision that would exempt property owners on the Bolivar Peninsula from a state law that bans construction on public beaches.