By Solomons H.B. No. 205
75R25 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to designation of restricted areas on certain public
1-3 water.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 31.092(a), (b), and (c), Parks and
1-6 Wildlife Code, are amended to read as follows:
1-7 (a) The governing body of an incorporated city or town, with
1-8 respect to public water within its corporate limits and all lakes
1-9 owned by it, may designate by ordinance certain areas as bathing,
1-10 fishing, swimming, or otherwise restricted areas, including
1-11 designating an area to prohibit bathing, fishing, swimming, or
1-12 other water activities, and may make rules and regulations relating
1-13 to the operation and equipment of boats which it deems necessary
1-14 for the public safety. The rules and regulations shall be
1-15 consistent with the provisions of this chapter.
1-16 (b) The commissioners court of a county, with respect to
1-17 public water within the territorial limits of the county that is
1-18 outside of the limits of an incorporated city or town or a
1-19 political subdivision designated in Subsection (c) of this section
1-20 and that are not lakes owned by an incorporated city or town, may
1-21 enter an order on its books designating certain areas as bathing,
1-22 fishing, swimming, or otherwise restricted areas, including
1-23 designating an area to prohibit bathing, fishing, swimming, or
1-24 other water activities, and may make rules and regulations relating
2-1 to the operation and equipment of boats which it deems necessary
2-2 for the public safety. The rules and regulations shall be
2-3 consistent with the provisions of this chapter.
2-4 (c) The governing board of a political subdivision of the
2-5 state created pursuant to Article XVI, Section 59, of the Texas
2-6 Constitution, for the purpose of conserving and developing the
2-7 public water of the state, with respect to public water impounded
2-8 within lakes and reservoirs owned or operated by the political
2-9 subdivision, may designate by resolution or other appropriate order
2-10 certain areas as bathing, fishing, swimming, or otherwise
2-11 restricted areas, including designating an area to prohibit
2-12 bathing, fishing, swimming, or other water activities, and may make
2-13 rules and regulations relating to the operation and equipment of
2-14 boats which it deems necessary for the public safety. The rules
2-15 and regulations shall be consistent with the provisions of this
2-16 chapter.
2-17 SECTION 2. This Act takes effect September 1, 1997.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.