By Combs H.B. No. 2719
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to access to a portion of the Devil's River in Val Verde
1-3 County and directing the Texas Parks and Wildlife Department to
1-4 generate a plan for river use in that segment of the river.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. In order to avoid conflicts between private land
1-7 owners and the public using the Devil's River in Val Verde County,
1-8 no person may enter the Devil's River from the right of way of
1-9 State Highway 163 at its crossing of the river, in the area
1-10 commonly known as Baker's Crossing, for the purpose of traveling
1-11 down the river either as a pedestrian or in a boat, canoe or other
1-12 means of transportation. This Act does not preclude the use of
1-13 this access point for any purpose related to emergency response or
1-14 rescue and does not apply to any federal, state, or local
1-15 governmental entity. The Texas Department of Transportation shall
1-16 post signs on the right of way informing the public of this
1-17 restriction. Violation of this Act shall be a class C misdemeanor.
1-18 SECTION 2. Recognizing that there is a need for public
1-19 access to the river, the Texas Parks and Wildlife Department is
1-20 hereby authorized and directed to develop and implement a plan for
1-21 recreational access to that portion of the Devil's River in Val
1-22 Verde County that lies within or along the I.& G.N. Ry. Co. survey,
1-23 Abstract 2205; the Pedro Trevino Survey, Abstract 1752; the
2-1 Francisco Gonzales Survey No. 1, Abstract 1754; and the Francisco
2-2 Gonzales Survey No. 2, Abstract 1753. The plan shall be
2-3 coordinated with all riverfront land owners owning land in the
2-4 these surveys. The plan may provide for implementation by the
2-5 private landowners.
2-6 SECTION 3. The plan shall include provisions for:
2-7 (a) garbage receptacles and collection;
2-8 (b) limiting and avoiding conflicts with private property
2-9 interests in and adjacent to the stream bed;
2-10 (c) law enforcement; and
2-11 (d) river safety.
2-12 SECTION 4. The Texas Parks and Wildlife Department shall
2-13 hold public hearings on the proposed access plan in both Travis and
2-14 Val Verde Counties. Notice of each hearing shall be given at least
2-15 thirty days in advance of the hearing by publication in at least
2-16 two issues of a daily or weekly newspaper of general circulation in
2-17 the county, and notice shall be given at least thirty days in
2-18 advance to all private land owners who own property adjacent to the
2-19 portion of river subject to this Act. Notice to the land owner
2-20 shall be deemed sufficient if made by certified mail to the address
2-21 of the property owner of record as indicated by the office of the
2-22 tax assessor collector in Val Verde County.
2-23 SECTION 5. The Texas Parks and Wildlife Department may
2-24 promulgate rules and regulations necessary to implement this Act.
2-25 SECTION 6. This Act shall expire on August 31, 1995.
3-1 SECTION 7. EMERGENCY. The importance of this legislation
3-2 and the crowded condition of the calendars in both houses create
3-3 and emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.