By: Hunter, Herrero, Morales of Harris H.B. No. 3807
    (Senate Sponsor - Hinojosa)
         (In the Senate - Received from the House April 20, 2021;
  May 6, 2021, read first time and referred to Committee on Natural
  Resources & Economic Development; May 20, 2021, reported
  adversely, with favorable Committee Substitute by the following
  vote:  Yeas 7, Nays 0; May 20, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3807 By:  Hinojosa
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the use of lifeguards and informational signs to
  improve safety on public beaches.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Je'Sani Smith Act.
         SECTION 2.  Section 61.065, Natural Resources Code, is
  amended by adding Subsections (c) and (d) to read as follows:
         (c)  As part of the duty under this section to clean and
  maintain the condition of public beaches, a municipality shall:
               (1)  during reasonable daylight hours, as established
  and posted by the municipality, from Memorial Day to Labor Day,
  provide:
                     (A)  occupied lifeguard towers or mobile
  lifeguard units on each side of each pier, jetty, or other structure
  that protrudes into the Gulf of Mexico that is located within the
  corporate boundaries; or
                     (B)  a single occupied lifeguard tower or mobile
  lifeguard unit at each pier, jetty, or other structure that
  protrudes into the Gulf of Mexico that is located within the
  corporate boundaries if the single tower provides an unobstructed
  view of both sides of the structure; and
               (2)  post within 100 yards of each side of each
  structure described by Subdivision (1) signs clearly describing the
  dangerous water conditions that may occur near the structure.
         (d)  A municipality may suspend or alter the duties imposed
  under Subsection (c) during dangerous weather conditions or
  emergency operations.
         SECTION 3.  Section 61.066, Natural Resources Code, is
  amended to read as follows:
         Sec. 61.066.  DUTY OF COUNTY. (a) It is the duty and
  responsibility of the commissioners court of any county located or
  bordering on the Gulf of Mexico to clean and maintain the condition
  of all public beaches located inside the county but outside the
  boundaries of any incorporated city located or bordering on the
  Gulf of Mexico and all public beaches owned by the county and
  located inside the boundaries of an incorporated city, town, or
  village.
         (b)  As part of the duty under this section to clean and
  maintain the condition of public beaches, a county shall:
               (1)  during reasonable daylight hours, as established
  and posted by the county, from Memorial Day to Labor Day, provide:
                     (A)  occupied lifeguard towers or mobile
  lifeguard units on each side of each pier, jetty, or other structure
  that protrudes into the Gulf of Mexico that is located on a public
  beach described by Subsection (a); or
                     (B)  a single occupied lifeguard tower or mobile
  lifeguard unit at each pier, jetty, or other structure that
  protrudes into the Gulf of Mexico that is located on a public beach
  described by Subsection (a) if the single tower provides an
  unobstructed view of both sides of the structure; and
               (2)  post within 100 yards of each side of each
  structure described by Subdivision (1) signs clearly describing the
  dangerous water conditions that may occur near the structure.
         (c)  A county may suspend or alter the duties imposed under
  Subsection (b) during dangerous weather conditions or emergency
  operations.
         SECTION 4.  Section 61.067, Natural Resources Code, is
  amended by adding Subsections (a-2) and (a-3) to read as follows:
         (a-2)  As part of the duty under this section to clean and
  maintain the condition of public beaches located within state
  parks, the department shall:
               (1)  during reasonable daylight hours, as established
  and posted by the department, from Memorial Day to Labor Day,
  provide:
                     (A)  occupied lifeguard towers or mobile
  lifeguard units on each side of each pier, jetty, or other structure
  that protrudes into the Gulf of Mexico that is located within a
  state park; or
                     (B)  a single occupied lifeguard tower or mobile
  lifeguard unit at each pier, jetty, or other structure that
  protrudes into the Gulf of Mexico that is located within a state
  park if the single tower provides an unobstructed view of both sides
  of the structure; and
               (2)  post within 100 yards of each side of each
  structure described by Subdivision (1) signs clearly describing the
  dangerous water conditions that may occur near the structure.
         (a-3)  The department may suspend or alter the duties imposed
  under Subsection (a-2) during dangerous weather conditions or
  emergency operations.
         SECTION 5.  Subchapter A, Chapter 13, Parks and Wildlife
  Code, is amended by adding Section 13.023 to read as follows:
         Sec. 13.023.  LIFEGUARDS AND SIGNAGE IN CERTAIN AREAS. (a)
  The department shall:
               (1)  during reasonable daylight hours, as established
  and posted by the department, from Memorial Day to Labor Day,
  provide:
                     (A)  occupied lifeguard towers or mobile
  lifeguard units on each side of each pier, jetty, or other structure
  that protrudes into the Gulf of Mexico that is located within a
  state park; or
                     (B)  a single occupied lifeguard tower or mobile
  lifeguard unit at each pier, jetty, or other structure that
  protrudes into the Gulf of Mexico that is located within a state
  park if the single tower provides an unobstructed view of both sides
  of each structure; and
               (2)  post within 100 yards of each side of each
  structure described by Subdivision (1) signs clearly describing the
  dangerous water conditions that may occur near the structure.
         (b)  The department may suspend or alter the duties imposed
  under Subsection (a) during dangerous weather conditions or
  emergency operations.
         SECTION 6.  The Parks and Wildlife Department is required to
  implement a provision of this Act only if the legislature
  appropriates money specifically for that purpose.  If the
  legislature does not appropriate money specifically for that
  purpose, that agency may, but is not required to, implement a
  provision of this Act using other appropriations available for that
  purpose.
         SECTION 7.  This Act takes effect September 1, 2021.
 
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