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.