BILL ANALYSIS

H.B. 1886

By: Louderback

Culture, Recreation & Tourism

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Je'Sani Smith Act was passed by the 87th Legislature in 2021 and it imposed a duty on counties and municipalities that border the Gulf of Mexico to provide occupied lifeguard towers or mobile lifeguard units on all public beaches within their county or municipal limits. The bill author has informed the committee that this requirement, which contains few exceptions, imposes an unfunded mandate on coastal communities that may be unable to afford these services in a fiscally responsible manner. H.B. 1886 addresses this issue by exempting counties and municipalities with a population of more than 32,000 and less than 40,000 from the duty to provide a lifeguard tower or mobile lifeguard unit.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1886 amends the Natural Resources Code to exempt  a county with a population of more than 32,000 and less than 40,000 and a municipality with a population of less than 1,000 that is located in such a county from the requirement to provide, or to ensure that a park board created by the municipality provides, occupied lifeguard towers or mobile lifeguard units during reasonable daylight hours from Memorial Day to Labor Day at certain structures that protrude into the Gulf of Mexico located on a public beach within the municipality's corporate boundaries or on certain public beaches in or owned by the county, as applicable.

EFFECTIVE DATE

September 1, 2025.