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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 82(R)

Senate Bill 408

Senate Author:  Estes

Effective:  Vetoed

House Sponsor:  Keffer


            Previous law required visual inspections and drawing of water samples of the John Graves Scenic Riverway to be conducted at least once in a winter month and at least once in a summer month and required the visual inspections to be conducted both from the surface of the riverway and from an aircraft flying over the riverway.  Senate Bill 408 amends the Water Code to require a visual inspection from an aircraft flying over the riverway to be conducted at least once in a winter month and at least once in a summer month, and to require a visual inspection and the drawing of water samples for testing to be conducted from the surface of the riverway at least once in a spring month and at least once in a fall month.

The bill requires the Texas Commission on Environmental Quality by rule to prohibit the commercial or recreational use of certain craft on the waters of the riverway, with certain exceptions, and makes it a Class C misdemeanor to operate a hovercraft or watercraft in violation of such an adopted rule.

 

Reason Given for Veto: "Senate Bill 408 includes a provision that would prohibit the use of boats or other crafts that use an aircraft-type propeller for propulsion on approximately 113 miles of the John Graves Scenic Riverway. Attempting to balance private property rights with water conservation and recreational use of this riverway is laudable. However, I am vetoing Senate Bill 408 at the request of the bill's sponsor, and I am directing the Texas Parks and Wildlife Department and the Texas Commission on Environmental Quality (TCEQ) to study and report the potential effects of a prohibition of the commercial or recreational use of these types of boats on the riverway. This review will be part of TCEQ's biennial report to the legislature."